| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 70 |
| Hearing date | 27 May 2015 |
| Determination date | 29 May 2015 |
| Member | Christine Hickey |
| Representation | L Acland ; S Holtham |
| Location | Nelson |
| Parties | Hunter v Mot Hot Roasts Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Summary dismissal – ARREARS OF WAGES – Applicant sought arrears of wages – Whether employment agreement (“EA”) stated applicant to work 37 hours per week - Chef and waiter |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Respondent dismissed applicant partially due to performance concerns. Redundancy not genuine. Respondent failed to sufficiently investigate concerns, raise concerns with applicant, give applicant opportunity to respond or genuinely consider applicant’s explanations. Dismissal unjustified. REMEDIES: No contributory conduct. $5,000 compensation appropriate.ARREARS OF WAGES: Applicant’s EA stated applicant to work 37 hours per week, although respondent had not signed EA. If no EA, applicant full time worker so respondent would have to pay applicant based on 40 hours per week. Applicant had not been working 37 hours per week, but had not agreed to reduce hours, so still had to be paid at 37 hours per week. Respondent to pay applicant $1,105 arrears of wages. |
| Result | Applications granted; Compensation for humiliation etc ($5,000) ; Arrears of wages ($1,105.35) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);Legal Services Act 2011 s45;Legal Services Act 2011 s46 |
| Number of Pages | 7 |
| PDF File Link: | 2015_NZERA_Christchurch_70.pdf [pdf 177 KB] |