| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 96 |
| Hearing date | 30 Sep 2014 |
| Determination date | 07 October 2014 |
| Member | P R Stapp |
| Representation | M Williams ; No appearance |
| Location | Napier |
| Parties | Hodges and Anor v Ashley and Anor |
| Other Parties | Allen ; Dynamic Meats 2014 Ltd |
| Summary | PRACTICE AND PROCEDURE - Identity of employer - First respondent director of second respondent - No written employment agreements - No wage, time and holiday records - ARREARS OF WAGES - First applicant sought arrears of wages - UNJUSTIFIED DISMISSAL - Dismissal - Applicants claimed unjustifiably dismissed by respondents - COSTS - Applicants sought contribution towards costs - No appearance for respondents |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Applicants employed by second respondent.;ARREARS OF WAGES: First applicant not paid for hours worked. Second respondent to pay first applicant $1,330 arrears of wages.;UNJUSTIFIED DISMISSAL: No good cause to support applicants' dismissals. Any concerns not put to applicants for comment. Dismissals unjustified. REMEDIES: No contributory conduct. Second respondent to pay first applicant $8,763 reimbursement of lost wages. $6,000 compensation appropriate for first applicant and $6,000 compensation appropriate for second applicant.;COSTS: Less than one day investigation meeting. Appropriate to increase notional daily tariff to account for half day investigation meeting and fact separate applications able to be consolidated. Second respondent to pay applicants $3,000 contribution towards costs. |
| Result | Applications granted ; Arrears of wages ($1,330.25)(first applicant) ; Reimbursement of lost wages ($8,763.29)(first applicant) ; Compensation for humiliation etc ($6,000)(first applicant)($6,000)(second applicant) ; Costs in favour of applicants ($3,000) ; Disbursements in favour of applicants ($71.56)(filing fee)(first applicant)($71.56)(filing fee)(second applicant) |
| Main Category | Personal Grievance |
| Statutes | ERA |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Wellington_96.pdf [pdf 160 KB] |