| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 122 |
| Hearing date | 4-Apr-16 |
| Determination date | 22 April 2016 |
| Member | James Crichton |
| Representation | WP Mita, J Tata ; no appearance |
| Location | Auckland |
| Parties | Cooper v Wisecare Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages - No appearance for respondent – Caregiver |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent failed to pay minimum wage until challenged and made deductions from applicant’s wages without applicant’s permission. Respondent unilaterally changed applicant’s working schedule and effectively reduced applicant’s hours by half. Respondent told applicant that she would not be working over Christmas, then changed its mind after applicant had made other arrangements. Respondent made it impossible for applicant to continue employment due to breaches of important duties. Resignation reasonably foreseeable. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $7,500 reimbursement of lost wages. $5,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant entitled to money deducted from wages without permission. Applicant underpaid wages and owed holiday pay. Respondent failed to declare applicant’s income to IRD for two months. Respondent to pay applicant $21,302 arrears of wages and $1,160 arrears of holiday pay. |
| Result | Applications granted ; Reimbursement of lost wages ($7,500) ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($21,302) ; Arrears of holiday pay ($1,160.16) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s132 |
| Number of Pages | 7 |
| PDF File Link: | 2016_NZERA_Auckland_122.pdf [pdf 146 KB] |