| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 325 |
| Hearing date | 14-Oct-15 |
| Determination date | 19 October 2015 |
| Member | Anna Fitzgibbon |
| Representation | N Santesso ; S Aram |
| Location | Auckland |
| Parties | Faulls v Gather Supermarket Chain Ltd t/a Italia Square |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Summary dismissal – ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay - Bartender |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant’s actions in sending staff home reasonable in circumstances. Fair and reasonable employer could not have summarily dismissed applicant. Respondent had opportunity to clarify sending away of applicant but failed to do so. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $6,342 reimbursement of lost wages and $507 reimbursement of lost holiday pay. $6,000 compensation appropriate.;ARREARS OF HOLIDAY PAY: Respondent failed to pay applicant any holiday pay during employment. Respondent to pay applicant $85 arrears of holiday pay. |
| Result | Applications granted ; Reimbursement of lost wages ($6,342.50) ; Reimbursement of lost holiday pay ($507.40) ; Compensation for humiliation etc ($6,000) ; Arrears of holiday pay ($85.40) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(1);ERA s103A(2);ERA s124;Holidays Act 2003 |
| Number of Pages | 12 |
| PDF File Link: | 2015_NZERA_Auckland_325.pdf [pdf 192 KB] |