| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 439 |
| Hearing date | 20 Oct 2014 |
| Determination date | 28 October 2014 |
| Member | R Arthur |
| Representation | S Boreham ; no appearance |
| Location | Tauranga |
| Parties | Boreham v Jamieson |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably dismissed by respondent - Applicant claimed only paid two thirds of wages owed - Respondent blamed delay in receiving childcare subsidy from WINZ - Whether employment casual - 90 day trial period - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Respondent claimed entitled to deduct wages due to lateness - No appearance for respondent - Nanny |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL: Applicant in permanent employment. No valid trial provision. Applicant not paid full amount due for hours worked. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $726 reimbursement of lost wages. $2,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: No entitlement to deduct wages for lateness. Respondent to pay applicant $1,395 arrears of wages and holiday pay. Interest payable. |
| Result | Application granted; Reimbursement for lost wages ($726.75); Compensation ($2,000); Arrears of wages and holiday pay ($1,395.10); Interest (5%); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s67A;ERA s67B;ERA s124;ERA s174;ERA Second Schedule cl11 |
| Cases Cited | Telecom New Zealand Limited v Nutter [2004] 1 ERNZ 315 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Auckland_439.pdf [pdf 287 KB] |