| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 355 |
| Determination date | 12 November 2015 |
| Member | T G Tetitaha |
| Representation | D Vinnicombe ; No appearance |
| Location | Auckland |
| Parties | Lamont v E Z Step Ltd t/a Pet Stop |
| Summary | ARREARS OF WAGES – Applicant sought arrears of wages – UNJUSTIFIED DISMISSAL – Poor performance - Applicant claimed unjustifiably dismissed by respondent – PENALTY – Applicant sought penalty for obstruction of Authority investigation and failure to attend directed mediation –No appearance for respondent - Store manager |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES: Respondent failed to comply with clause in employment agreement increasing applicant’s wages after end of trial period. Respondent to pay applicant $855 arrears of wages.;UNJUSTIFIED DISMISSAL: Respondent failed to raise any performance concerns with applicant before dismissal. Dismissal abrupt and immediate. Respondent failed to provide applicant with all relevant information and allow applicant opportunity to speak and have explanation considered. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $9,600 reimbursement of lost wages. $5,000 compensation appropriate.;PENALTY: Authority determined that matter to proceed in absence of respondent, so respondent had not properly obstructed or delayed investigation. Failure to attend mediation more properly taken into account in award of costs. No penalty. |
| Result | Applications granted (arrears of wages)(unjustified dismissal) ; Arrears of wages ($855) ; Reimbursement of lost wages ($9,600) ; Compensation for humiliation etc ($5,000) ; Application dismissed (penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(2);ERA s103A(3);ERA s124;ERA s128;ERA s131;ERA s134A;ERA s135;ERA s160(3);ERA s174(d);ERA Second Schedule cl12 |
| Cases Cited | Carter Holt Harvey v Yukich [2005] ERNZ 300 (CA);Finau v Carter Holt Building Supplies [1993] 2 ERNZ 971 (EmpC) |
| Number of Pages | 6 |
| PDF File Link: | 2015_NZERA_Auckland_355.pdf [pdf 164 KB] |