| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 31 |
| Hearing date | 18 & 27 Jan 2016 (2 days) |
| Determination date | 28 January 2016 |
| Member | Rachel Larmer |
| Representation | A Kelleher ; S Ayad |
| Location | Auckland |
| Parties | Murphy v Hobsonville Point Medical Centre Ltd t/a Hobsonville Point Medical Centre |
| Summary | ARREARS OF WAGES – Applicant sought arrears of wages - UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Summary dismissal – COSTS – Applicant sought contribution towards costs - Receptionist |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES: Employment agreement specified applicant to start work before clinic opened. Applicant presented for work on agreed days but told no work to do. Applicant permanent part-time employee and entitled to be paid for days and dates on which she had been employed to work. Respondent to pay applicant $255 arrears of wages.;UNJUSTIFIED DISMISSAL: Respondent told applicant services no longer required. Respondent aware of applicant’s belief that she had been unjustifiably dismissed. Applicant’s actions after date of dismissal support belief that she had been dismissed. Respondent failed to provide applicant with relevant information or allow opportunity to comment. Respondent failed to comply with procedural fairness requirements. No good reason apparent for dismissal. Applicant unjustifiably dismissed. REMEDIES: No contributory conduct. Respondent to pay applicant $4,420 reimbursement of lost wages. $6,000 compensation appropriate.;COSTS: Half day investigation meeting. Appropriate to apply notional daily tariff. Respondent to pay applicant $1,750 contribution to costs. |
| Result | Applications granted ; Arrears of wages ($255) ; Reimbursement of lost wages ($4,420) ; Compensation for humiliation etc ($6,000) ; Costs in favour of applicant ($1,750) ; Disbursements in favour of applicant ($71.56) |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A(2);ERA s103A(3);ERA s120;ERA s124;ERA s128(2);ERA s130(4) |
| Number of Pages | 13 |
| PDF File Link: | 2016_NZERA_Auckland_31.pdf [pdf 246 KB] |