| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 111 |
| Hearing date | 14 & 22 Dec 2015 (2 days) |
| Determination date | 12 April 2016 |
| Member | Nicola Craig |
| Representation | E Morgan-Coakle ; N Kane |
| Location | Auckland |
| Parties | Moses ; Fully Synced Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – COSTS – Applicant sought contribution to costs |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant started work without signing written employment agreement (“EA”). Respondent’s director told applicant to sign EA if applicant wanted to continue working. Applicant did not want to sign EA in current form. Respondent’s director dismissed applicant by sending him away when he wasn’t prepared to sign EA in time specified. Applicant legally entitled to bargain with respondent over contents of EA. Fair and reasonable employer would have sought advice over disputed clause. Fair and reasonable employer could not have dismissed applicant in circumstances and would have agreed to attend mediation with applicant. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $6,946 reimbursement of lost wages. Interest payable. $2,000 compensation appropriate.;ARREARS OF HOLIDAY PAY: Respondent failed to pay holiday pay. Respondent to pay applicant $34 arrears of holiday pay.;COSTS: Half day investigation meeting. Appropriate to apply notional daily tariff. Respondent to pay applicant $3,000 contribution to costs. |
| Result | Applications granted ; Reimbursement of lost wages ($6,946.87) ; Interest (5%) ; Compensation for humiliation etc ($2,000) ; Arrears of holiday pay ($34.20) ; Costs in favour of applicant ($3,000) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s63A(2)(b);ERA s63A(2)(c);ERA s63A(2)(d);ERA s103A;ERA s103A(3)(a);ERA s124;ERA s128;ERA s174E;Holidays Act 2003 |
| Cases Cited | Blackmore v Honick Properties Ltd [2011] NZEmpC 152, [2011] ERNZ 445 |
| Number of Pages | 12 |
| PDF File Link: | 2016_NZERA_Auckland_111.pdf [pdf 244 KB] |