| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 49 |
| Hearing date | 19-Nov-15 |
| Determination date | 19 February 2016 |
| Member | Nicola Craig |
| Representation | K Usmar ; G Brick (in person) |
| Location | Hamilton |
| Parties | Donaldson v Glynn Brick t/a Bellfield Thoroughbreds |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal - Applicant claimed unjustifiably disadvantaged by failure to provide written employment agreement – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF HOLIDAY PAY AND KIWISAVER – Applicant sought arrears of holiday pay and KiwiSaver contributions – Groom |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Employer had obligations to provide employee with employment agreement and retain signed copy. Fair and reasonable employer would do so. Failure created uncertainty for employee about rights. Applicant unjustifiably disadvantaged. No remedies sought. After breakdown of personal relationship, parties mutually agreed to end applicant’s employment. No dismissal.;ARREARS OF HOLIDAY PAY AND KIWISAVER: Respondent aware applicant a member of KiwiSaver but failed to make deductions. Respondent to pay applicant $649.02 arrears of KiwiSaver contributions Interest payable. Applicant not paid holiday pay upon finishing employment. Respondent to pay applicant $1610 arrears of holiday pay. |
| Result | Applications granted (unjustified disadvantage)(arrears of wages and holiday pay) ; Arrears of KiwiSaver contributions ($649.02) ; Arrears of holiday pay ($1610.72) ; Application dismissed (unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s63A;ERA s63(2)(a);ERA s64;ERA s64(1);ERA s65;ERA s65(1)(a);ERA s103(1)(b);Holidays Act 2003 |
| Number of Pages | 17 |
| PDF File Link: | 2016_NZERA_Auckland_49.pdf [pdf 267 KB] |