| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 365 |
| Hearing date | 9-Nov-15 |
| Determination date | 25 November 2015 |
| Member | Nicola Craig |
| Representation | T Win ; No appearance |
| Location | Auckland |
| Parties | McGregor v Auckland City Security Ltd, previously NZ Tactical Canines Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Respondent did not inform applicant of location of new work premises - Respondent ignored applicant’s attempts to contact respondent - Whether applicant dismissed by respondent’s actions - ARREARS OF WAGES AND HOLIDAY PAY: Applicant sought arrears of wages and holiday pay - COSTS - Applicant sought contribution towards costs - No appearance for respondent - Dog trainer |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL: Respondent under obligation to contact applicant and clarify employment situation. Respondent’s actions amounted to sending away of applicant. Dismissal substantively and procedurally flawed. Applicant dismissed. Dismissal unjustified. REMEDIES: Respondent to pay applicant $5,056 reimbursement of lost wages. $4,000 compensation appropriate. ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $1,128 arrears of wages and $246 arrears of holiday pay. Interest payable. COSTS - Less than one day investigation meeting. Appropriate to apply notional daily tariff. Respondent to pay applicant $1,750 in costs. |
| Result | Applications granted ; Reimbursement for lost wages ($5,056.30) ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($1,128) ; Arrears of holiday pay ($246.96) ; Interest (5%) ; Costs in favour of applicant ($1,750) |
| Main Category | Personal Grievance |
| Statutes | ERA s4 - ERA s103A - ERA s103A(3) - ERA s124 - ERA s174A - Judicature Act 1908 |
| Cases Cited | Wellington Road Transport Union of Workers v Fletcher Construction Co Ltd (1982) ERNZ Sel Cas 10 (CA);Wellington, Taranaki and Marlborough Clerical IUOW v Greenwich (t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) (1983) ERNZ Sel Cas 95 (AC);New Zealand Cards Ltd v Ramsay [2012] NZEmpC 51 |
| Number of Pages | 8 |
| PDF File Link: | 2015_NZERA_Auckland_365.pdf [pdf 110 KB] |