| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 486 |
| Hearing date | 24 Nov 2014 |
| Determination date | 28 November 2014 |
| Member | R Larmer |
| Representation | M Moncur ; A Bushe |
| Location | Auckland |
| Parties | Ma v Mak-Rush Ltd t/a Bella Bambina Ristorante |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - International student - Respondent claimed applicant failed pre-employment assessment - Applicant removed from roster - Whether applicant volunteer - Threat of deportation - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Respondent claimed applicant on unpaid pre-employment assessment trial - COSTS - Applicant sought contribution towards costs - Kitchen hand |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL: Applicant employee not volunteer. Applicant unilaterally removed from roster. No details of alleged pre-employment assessment" provided to applicant. No trial period because no written employment agreement. Applicant breached obligation of good faith by failing to provide applicant with information relevant to continuation of employment. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $1,539 reimbursement of lost wages. $500 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: No mutual agreement applicant not to be paid for hours worked. Respondent to pay applicant $399 arrears of wages and $31 arrears of holiday pay.;COSTS - Half day investigation meeting - Respondent to pay applicant $1,750 contribution towards costs" |
| Result | Applications granted; Reimbursement of lost wages ($1,539); Compensation for humiliation etc ($500); Arrears of wages ($399); Arrears off holiday pay ($31.92); Costs in favour of applicant ($1,750); Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s5;ERA s6;ERA s6(1)(c);ERA s67A;ERA s103A;ERA s103A(3);ERA s124;Minimum Wages Act 1983 |
| Number of Pages | 13 |
| PDF File Link: | 2014_NZERA_Auckland_486.pdf [pdf 291 KB] |