| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 250 |
| Hearing date | 17 Aug 2015 |
| Determination date | 18 August 2015 |
| Member | R Larmer |
| Representation | J Browne ; D Luiten |
| Location | Whangarei |
| Parties | Saroz v Flower Feva Ltd |
| Summary | ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay and KiwiSaver – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent - Florist manager |
| Abstract | AUTHORITY FOUND –ARREARS OF HOLIDAY PAY: Respondent failed to pay applicant some sick pay, time in lieu, pay for working on public holidays, annual leave and KiwiSaver contributions. Respondent to pay applicant arrears of holiday pay, quantum to be determined, and arrears of KiwiSaver, quantum to be determined. Interest payable.UNJUSTIFIED DISMISSAL: Respondent’s financial position precarious so respondent closed business for genuine reasons. Applicant not given all relevant information before redundancy. Not sufficient to assume that because applicant had access to financial information showing respondent’s problems, applicant was aware that respondent’s business may close. Respondent failed to consider other options, raise concerns with applicant, give applicant opportunity to respond and consider explanation. REMEDIES: No contributory conduct. $6,000 compensation appropriate. |
| Result | Applications granted ; Arrears of holiday pay (quantum to be determined) ; Arrears of KiwiSaver (quantum to be determined) ; Interest (7.5%) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A;ERA s103A(3);ERA s124;Holidays Act 2003;Holidays Act 2003 s9;Holidays Act 2003 s24;Holidays Act 2003 s24(2);Holidays Act 2003 s25(1);Holidays Act 2003 s50;Holidays Act 2003 s56;Holidays Act 2003 s57;Holidays Act 2003 s61(2)(b)(i);Holidays Act 2003 s71(1);Judicature Act 1908 |
| Number of Pages | 8 |
| PDF File Link: | 2015_NZERA_Auckland_250.pdf [pdf 169 KB] |