| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 291 |
| Hearing date | 24-Sep-15 |
| Determination date | 24 September 2015 |
| Member | Rachel Larmer |
| Representation | I Vlassof (in person) ; no appearance |
| Location | Auckland |
| Parties | Vlassof v Access Group (New Zealand) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES – Applicant sought arrears of wages – COSTS – Applicant sought contribution towards costs – No appearance for respondent – Pre-employment services director |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent failed to undertake any consultation with applicant, provide relevant information justifying redundancy or provide opportunity to comment and have views considered. No evidence as to whether redundancy genuine. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $5,500 reimbursement of lost wages. $5,000 compensation appropriate.;ARREARS OF WAGES: Applicant’s evidence accepted as proved in absence of respondent. Applicant not entitled to unpaid pay in lieu of notice as amount covered in award to reimburse lost wages. Respondent to pay applicant $3,750 arrears of wages and $1,400 arrears of holiday pay.;COSTS: Less than half day investigation meeting. Appropriate to apply notional daily tariff. Respondent to pay applicant $500 contribution towards costs. |
| Result | Applications granted ; Reimbursement of lost wages ($5,500) ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($3,750) ; Arrears of holiday pay ($1,400) ; Costs in favour of applicant ($500) ; Disbursements in favour of applicant ($71.56) |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A;ERA s103A(2);ERA s103A(3);ERA s128(1);ERA s130(2);Holidays Act 2003 s82(1) |
| Number of Pages | 7 |
| PDF File Link: | 2015_NZERA_Auckland_291.pdf [pdf 204 KB] |