| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 437 |
| Hearing date | 16 Oct 2014 |
| Determination date | 24 October 2014 |
| Member | A Fitzgibbon |
| Representation | D Zhang ; No appearance |
| Location | Auckland |
| Parties | Hu v South Pacific Phoenix Solar Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably dismissed by respondent - Respondent failed to pay IRD - Applicant resigned as concerned about employment record and immigration status due to respondent's failure to pay PAYE - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - PENALTY - Applicant sought penalty for respondent's failure to produce wage and time records - No appearance for respondent - Chef de partie |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL: Respondent failed to discharge statutory duty with IRD and amounted to serious breach of employment agreement. Respondent failed to rectify breaches with IRD. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: No evidence of hurt and humiliation. No contributory conduct. Respondent to pay applicant $525 reimbursement of lost wages.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $1,050 arrears of wages. Respondent to pay applicant $2,184 arrears of holiday pay. Interest payable.;PENALTY: $500 penalty appropriate. |
| Result | Application granted; Reimbursement of lost wages ($525); Arrears of wages ($1,050); Arrears of holiday pay ($2,184); Interest (5%); Penalty ($500)(payable to applicant); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s128(2);ERA s136(2);Judicature Act 1908 s87;Judicature Prescribed Rate of Interest Order 2011 cl14 |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136 ; [1985] 2 NZLR 372 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Auckland_437.pdf [pdf 2 MB] |