| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 3 |
| Hearing date | 6-Oct-15 |
| Determination date | 05 January 2016 |
| Member | Michele Ryan |
| Representation | A Bell ; E Ben-Shachar |
| Location | Wellington |
| Parties | Temarama v Hob Eat to Go Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed – 90 day trial – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: No written employment agreement in place so no valid 90 day trial period. Applicant did not resign when told respondent could not afford to come to work that day. Respondent not entitled to summarily dismiss applicant for non-attendance. Respondent did not follow fair process when dismissing applicant. Dismissal unjustified. REMEDIES: 15 per cent contributory conduct. Respondent to pay applicant $2,194 reimbursement of lost wages. $4,250 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant should be paid for hours spent training. Respondent unlawfully deducted money from wages. Applicant not paid adult minimum wage. Respondent to pay applicant $539 arrears of wages and $121 arrears of holiday pay. |
| Result | Applications granted ; Contributory conduct (15%) ; Reimbursement of lost wages ($2,194.06) ; Compensation for humiliation etc ($4,250) ; Arrears of wages ($539.50) ; Arrears of holiday pay ($121.41) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s67A(2);ERA s67A(3);ERA s103A;ERA s103A(b);ERA s103A(c);ERA s103A(d);ERA s124;Wages Protection Act 1983 s5;Minimum Wage Order 2014 |
| Cases Cited | Goodfellow v Building Connexion Ltd t.a ITM Building Centre [2010] NZEmpC 82 |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Wellington_3.pdf [pdf 174 KB] |