| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 162 |
| Hearing date | 24-May-16 |
| Determination date | 24 May 2016 |
| Member | Anna Fitzgibbon |
| Representation | K Dillon ; R Doyle |
| Location | Auckland |
| Parties | Fukubara v Blue Stone Room Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Chef |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent challenged applicant’s medical certificate and refused to pay sick leave. Respondent unilaterally varied applicant’s terms of employment. Fair and reasonable employer would not have done so. Applicant’s resignation foreseeable consequence of actions. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $6,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent failed to pay owed salary, sick leave and holiday pay. Respondent to pay applicant $184 arrears of wages and $4,070 arrears of holiday pay. |
| Result | Applications granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($6,000) ; Arrears of wages ($184.50) ; Arrears of holiday pay ($4,070.13) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s174E |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Auckland_162.pdf [pdf 235 KB] |