| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 5 |
| Hearing date | 28-Jul-15 |
| Determination date | 13 January 2016 |
| Member | Michele Ryan |
| Representation | S Ebert ; no appearance |
| Location | New Plymouth |
| Parties | Rodgers v Taranaki Recruitment Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Applicant claimed respondent breached Minimum Wage Act 1983 (“MWA”) – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – No appearance for respondent – Office manager |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES: Respondent breached MWA obligations by paying amount offset against applicant’s WINZ benefit. Applicant paid below relevant minimum wage during period. Respondent to pay applicant $2,682 arrears of wages and $214 arrears of holiday pay.;UNJUSTIFIED DISMISSAL: Respondent did not clarify applicant’s intentions to resign. Respondent’s decision to progress termination of applicant’s employment in effect actual dismissal. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $4,844 reimbursement of lost wages. $5,000 compensation for humiliation etc appropriate. |
| Result | Applications granted ; Reimbursement of lost wages ($4,844) ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($2,682.74) ; Arrears of holiday pay ($214.61) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c);ERA s123(1)(b);ERA s123(1)(c)(i);ERA s124;ERA s128(2);ERA Second Schedule cl12;Minimum Wage Act 1983 s2;Minimum Wage Act 1983 s4;Minimum Wage Act 1983 s6;Minimum Wage Order 2013;Minimum Wage Order 2014 |
| Cases Cited | Boobyer v Good Health Wanganui Ltd EmpC WEC3A/94, 11 April 1994 |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Wellington_5.pdf [pdf 234 KB] |