| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 221 |
| Hearing date | 24 Jul 2015 |
| Determination date | 27 July 2015 |
| Member | TG Tetitaha |
| Representation | J Ansell ; A Menzies |
| Location | Auckland |
| Parties | Horst v Swift Property Maintenance Ltd |
| Summary | ARREARS OF WAGES – Applicant sought arrears of wages - UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent |
| Abstract | AUTHORITY FOUND –ARREARS OF WAGES: Hours of work not specified in employment agreement (“EA”). No express agreement between parties about minimum hours to be worked per week. Respondent failed to keep proper wages, time and holiday records. Authority accepted applicant’s evidence of hours worked. Respondent to pay applicant $2,307 arrears of wages.UNJUSTIFIED DISMISSAL: Non-payment of wages breach of EA and reasonably foreseeable that applicant would resign. No justification for non-payment. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $2,657 reimbursement of lost wages. $5,000 compensation appropriate. |
| Result | Applications granted ; Arrears of wages ($2,307.69) ; Reimbursement of lost wages ($2,657.92) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124;ERA s128;ERA s130;ERA s131;ERA s132;Holidays Act 2003 s25;Holidays Act 2003 s28;Holidays Act 2003 s81;Holidays Act 2003 s83(3);Holidays Act 2003 s84 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers Industrial Union of Workers Inc [1994] 2 NZLR 415 (CA);Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA);Wellington, Taranaki and Marlborough Clerical Administration and Related Workers IUOW v Greenwich t/a Becket Employment [1983] ACJ 965 (AC) |
| Number of Pages | 8 |
| PDF File Link: | 2015_NZERA_Auckland_221.pdf [pdf 161 KB] |