| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 58 |
| Hearing date | 24 & 25 May 2016 (2 days) |
| Determination date | 25 May 2016 |
| Member | Michael Loftus |
| Representation | S Govender ; S Kumar |
| Location | Napier |
| Parties | Pal v SK Brothers Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent - ARREARS OF WAGES – 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 to costs |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: No supporting evidence to justify redundancy. Respondent did not consult with applicant or allow applicant opportunity to respond. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $7,000 reimbursement of lost wages. $10,000 compensation appropriate.;ARREARS OF WAGES: Respondent failed to provide proper wages and time records. Applicant’s evidence accepted as proved. Respondent to pay applicant $44,372 arrears of wages.;RECOVERY OF MONIES: Applicant forced to pay money to respondent to continue employment. Respondent to pay applicant $20,240 recovery of monies.;COSTS: One day investigation meeting. Respondent to pay applicant $1,750 contribution to costs. |
| Result | Applications granted ; Reimbursement of lost wages ($7,000) ; Compensation for humiliation etc ($10,000) ; Arrears of wages ($44,372.85) ; Recovery of monies ($12,240) ; Costs in favour of applicant ($1,750) |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c);ERA s103A;ERA s103A(3)(a);ERA s103A(3)(b);ERA s103A(3)(c);ERA s103A(3)(d);ERA s124;ERA s128(2);ERA s130;ERA s131(1A);ERA s132 |
| Cases Cited | Coutts Cars Ltd v Bageley [2001] ERNZ 660 (CA);Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 225 (EmpC);PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);Singh v SK Brothers Ltd [2016] NZERA Wellington 57 |
| Number of Pages | 8 |
| PDF File Link: | 2016_NZERA_Wellington_58.pdf [pdf 115 KB] |