| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 150 |
| Hearing date | 18-May-16 |
| Determination date | 19 May 2016 |
| Member | Rachel Larmer |
| Representation | M Nutsford ; J Jordan |
| Location | Auckland |
| Parties | Maiden v Timbertank Enterprises Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Poor performance – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – COSTS – Applicant sought contribution to costs -Project manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent failed to give applicant any warning of dismissal. Applicant not given relevant information so deprived of opportunity to comment. Respondent did not act in procedurally fair manner. Respondent failed to establish concerns about applicant to necessary standard. Respondent did not put issues about applicant’s performance to him during employment. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $9,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant owed arrears of wages and holiday pay. Respondent failed to put sufficient information before Authority to quantify claims. Respondent to pay applicant arrears of wages and holiday pay, quantum to be determined.;COSTS: Half day investigation meeting. Appropriate to apply notional daily tariff. Respondent to pay applicant $1,750 contribution to costs. |
| Result | Applications granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($9,000) ; Arrears of wages and holiday pay (quantum to be determined) ; Costs in favour of applicant ($1,750) ; Disbursements in favour of applicant ($71.56) |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s66;ERA s103A;ERA s103A(3);ERA s124;ERA s128(3) |
| Number of Pages | 7 |
| PDF File Link: | 2016_NZERA_Auckland_150.pdf [pdf 213 KB] |