| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 57 |
| Hearing date | 24 & 25 May 2016 (2 days) |
| Determination date | 25 May 2016 |
| Member | Michael Loftus |
| Representation | S Govender ; S Kumar |
| Location | Napier |
| Parties | Singh v SK Brothers Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages – RECOVERY OF MONIES – Applicant sought recovery of monies paid to respondent as loan – Premium for employment – COSTS – Applicant sought contribution towards costs – Manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent’s actions constituted actual dismissal. Respondent had no justification for dismissing applicant for refusing to work on medical advice due to workplace injury. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $9,620 reimbursement of lost wages. $10,000 compensation for humiliation etc appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent failed to provide proper wage and time records. No evidence respondent attempted to rectify deficiencies. Labour inspector’s evidence recorded respondent conceded debt in full and sought repayment in instalments. Applicant’s claims about arrears accepted without inquiry. Respondent to pay applicant $20,752 arrears of wages.;RECOVERY OF MONIES: Financial statements recorded credit of large loan from applicant. Applicant paid monies in fear of cessation of employment and New Zealand residency. Debt attributable to employment relationship. Respondent to pay applicant $17,238 recovery of monies.;COSTS: One day investigation meeting. Respondent’s uncooperative approach added to costs incurred. Respondent to pay applicant $1,750 contribution towards costs. |
| Result | Applications granted ; Reimbursement of lost wages ($9,620) ; Compensation for humiliation etc ($10,000) ; Arrears of wages ($20,572.78) ; Recovery of monies ($17,239.43) ; Costs in favour of applicant ($1,750) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s123(1)(c)(i);ERA s124;ERA s128(2);ERA s131(1A);ERA s132;Wages Protection Act 1983 s12A |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);Pal v SK Brothers Ltd [2016] NZERA Wellington 58 |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Wellington_57.pdf [pdf 115 KB] |