| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 123 |
| Hearing date | 30 Apr 2015 |
| Determination date | 01 May 2015 |
| Member | R Larmer |
| Representation | R Morgan |
| Location | Auckland |
| Parties | Hinton v Zusu Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Dismissal without notice – No appearance for respondent - ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought payment of outstanding wages, holiday pay and KiwiSaver – COSTS – Applicant sought contribution towards costs - Provider Administrator |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Respondent did not appear so genuineness of redundancy unknown. Respondent failed to consult with applicant, allow opportunity for comment or consider applicant’s comments. Respondent failed to provide applicant with information regarding redundancy or notice of redundancy. Respondent did not act as a fair and reasonable employer. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $2,199 reimbursement of lost wages. $4,000 compensation appropriate.ARREARS OF WAGES AND HOLIDAY PAY: Respondent failed to pay applicant four weeks of wages including employer KiwiSaver contributions. Holiday pay owed. Respondent to pay applicant $4,384 arrears of wages, $964 arrears of holiday pay and $131 arrears of KiwiSaver.COSTS: Less than one day investigation meeting. Respondent to pay applicant $580 contribution towards costs. |
| Result | Applications granted ; Reimbursement of lost wages ($2,199.31) ; Compensation for humiliation etc. ($4,000) ; Arrears of wages ($4,384) ; Arrears of holiday pay ($964.62) ; Arrears of KiwiSaver ($131.53) ; Costs in favour of applicant ($580) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Number of Pages | 3 |
| PDF File Link: | 2015_NZERA_Auckland_123.pdf [pdf 89 KB] |