| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 107 |
| Hearing date | 2-4 Sep 2014 |
| Determination date | 22 October 2014 |
| Member | P R Stapp |
| Representation | H White ; H Sung Lee |
| Location | New Plymouth |
| Parties | Ji v Dream High Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – No written employment agreement – No wage, time or holiday records – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Family relationship – Applicant’s marriage to respondent’s director (“L”) broke down – Trespass notice – English as second language – COUNTERCLAIM – BREACH OF CONTRACT – Respondent sought damages – COSTS – Applicant sought contribution towards costs – Manager |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: Applicant worked hours claimed. Respondent to pay applicant $66,627 arrears of wages and $6,863 arrears of holiday pay.;UNJUSTIFIED DISMISSAL: Applicant’s employment ended when L retaliated in regard to breakup of marriage and being required to leave family home. No good reason for dismissal or matters put to applicant for comment. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $11,797 reimbursement of lost wages. $10,000 compensation appropriate.;COUNTERCLAIM – BREACH OF CONTRACT: Claims for profit and money associated with start-up of business commercial matter. Wages for L matter for respondent rather than applicant. No evidence to support claim of embezzlement or theft. Application dismissed.;COSTS: One and a half day investigation meeting. Respondent to pay applicant $5,250 contribution towards costs. |
| Result | Applications granted (arrears of wages and holiday pay)(unjustified dismissal) ; Arrears of wages ($66,627) ; Arrears of holiday pay ($6,863) ; Reimbursement of lost wages ($11,797.50) ; Compensation for humiliation etc ($10,000) ; Application dismissed (counterclaim – breach of contract) ; Costs in favour of applicant ($5,250) ; Disbursements in favour of applicant ($71.56)(filing fee)($153.33)(hearing fee) |
| Main Category | Arrears |
| Statutes | ERA;ERA s103A(3);ERA s124;ERA s128;ERA s128(2);ERA s174(b) |
| Number of Pages | 8 |
| PDF File Link: | 2014_NZERA_Wellington_107.pdf [pdf 3.3 MB] |