| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 302 |
| Hearing date | 01 Oct 2015 |
| Determination date | 01 October 2015 |
| Member | Rachel Larmer |
| Representation | WPJ Mata (in person) ; T Le Sueur |
| Location | Auckland |
| Parties | Mata v Nutra Foods 2011 Ltd |
| Summary | ARREARS OF WAGES – Applicant sought arrears of wages – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – COSTS – Applicant sought contribution towards costs - Storeman |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES : Respondent deducted money from applicant’s final pay to cover cost of spray can. Applicant did not consent. Respondent to pay applicant $200 arrears of wages.;UNJUSTIFIED DISMISSAL: Respondent did not act fairly or reasonably by presenting applicant with dismissal letter unexpectedly. Respondent failed to consult with applicant, provide relevant information, allow opportunity to comment or provide any information as to selection criteria. Likely that redundancy motivated by adverse view of applicant, so no genuine commercial reasons. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $7,680 reimbursement of lost wages. $5,000 compensation appropriate.;COSTS: Less than one day investigation meeting. Applicant self-represented so no issue as to costs. |
| Result | Applications granted ; Arrears of wages ($200) : Reimbursement of lost wages ($7,680) ; Compensation for humiliation etc ($5,000) ; Disbursements in favour of applicant ($71.56) ; No order for costs |
| Statutes | ERA s4(1A);ERA s103A;ERA s103A(2);ERA s103A(3);ERA s128(2);Wages Protection Act 1983 |
| Number of Pages | 8 |
| PDF File Link: | 2015_NZERA_Auckland_302.pdf [pdf 159 KB] |