| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 239 |
| Hearing date | 5-Aug-15 |
| Determination date | 10 August 2015 |
| Member | Vicki Campbell |
| Representation | W Reid ; R Robin (in person), A Sherson (in person) |
| Location | Auckland |
| Parties | Tait v Robin and Sherson t/a Silver Birch Holiday Park & Motel |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Theft – Summary dismissal – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages – Deductions from wages - Cleaner |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent failed to carry out proper investigation. Respondent’s procedural meeting with applicant very short. Respondent could not have genuinely considered applicant’s explanation. Dismissal unjustified. REMEDIES: Applicant failed to mitigate loss or provide evidence for compensation. No remedies awarded.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent failed to pay applicant time and a half for work done on public holidays and some holiday pay earnt on gross earnings. Respondent made deductions from applicant’s wages without permission to cover allegedly stolen items. Respondent to pay applicant $110 arrears of wages and $401 arrears of holiday pay. |
| Result | Applications granted ; Orders made ; Arrears of wages ($110) ; Arrears of holiday pay ($401.03) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(2);ERA s103A(3);ERA s103A(5);ERA s131;Wages Protection Act 1983 s5 |
| Cases Cited | Carter Holt Harvey v Yukich [2005] ERNZ 300 (CA);Finau v Carter Holt Building Supplies [1993] 2 ERNZ 971 (EmpC);Hall v Dionex Pty Ltd [2015] NZEmpC 29;Scarborough v Micron Security Products Ltd [2015] NZEmpC 39 |
| Number of Pages | 6 |
| PDF File Link: | 2015_NZERA_Auckland_239.pdf [pdf 103 KB] |