| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 415 |
| Hearing date | 7 Oct 2014 |
| Determination date | 09 October 2014 |
| Member | R Arthur |
| Representation | J Crookes (in person) ; R Hunt |
| Parties | Crookes v Phoenix Rose Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Whether applicant casual employee - Applicant notified over text applicant no longer needed due to quiet business - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Respondent claimed applicant paid holiday pay with hourly rate as applicant casual - Sales assistant |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Authority ordered non publication of respondent's commercial information. No employment agreement. Applicant part time employee rather than casual. Respondent's evidence suggested concerns about applicant's performance. Concerns not put to applicant. Possible genuine redundancy at least in short term but no process followed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $864 reimbursement of lost wages. $3,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant entitled to holiday pay, public holiday pay and alternative holiday pay. Respondent to pay applicant $6,141 arrears of wages and holiday pay. |
| Result | Application granted; Reimbursement of lost wages ($864); Compensation for humiliation etc ($3,000) ; Arrears of wages and holiday pay ($6,141.69); Disbursements in favour of applicant ($71,56); No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s63A(2);ERA s64(1);ERA s65(1);ERA s103A;ERA s174;Holidays Act 2003 s28;Holidays Act 2003 s28(4) |
| Cases Cited | Nelson Aero Club Inc v Palmer unreported, Shaw J, 7 March 2000, WC10A/00;Telecom New Zealand Ltd v Nutter [2004] 1 ERNZ 315;Trotter v Telecom Corp of New Zealand Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Auckland_415.pdf [pdf 258 KB] |