| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 60 |
| Hearing date | 26-May-16 |
| Determination date | 26 May 2016 |
| Member | Michael Loftus |
| Representation | M McAleer ; no appearance |
| Location | Napier |
| Parties | Cornelius v HPG Private Ltd & Ors |
| Other Parties | Singh, Panjeta |
| Summary | UNJUSTFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES – Applicant sought arrears of wages – Unlawful deductions – COSTS – Applicant sought contribution to costs - No appearance for respondents – Caf� crew member |
| Abstract | AUTHORITY FOUND –;UNJUSTFIED DISMISSAL: Respondent failed to respond to applicant’s concerns, despite statutory obligation to address them. Failure to do so constitutes breach of sufficient severity that resignation foreseeable. Applicant unjustifiably dismissed. REMEDIES: No contributory conduct. Respondent to pay applicant $3,278 reimbursement of lost wages. $4,000 compensation appropriate.;ARREARS OF WAGES: Respondent deducted wages from applicant to cover breaks that applicant did not take. Respondent to pay applicant $2,080 arrears of wages.;COSTS: Half day investigation meeting. Appropriate to apply uplift in notional daily tariff to reflect respondent’s less than helpful approach. Respondent to pay applicant $2,500 contribution to costs. |
| Result | Applications granted ; Reimbursement of lost wages ($3,278) ; Compensation for humiliation etc ($4,000) ; Arrears of wages ($2,080) ; Costs in favour of applicant ($2,500) |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s4(1A)(b);ERA s124;ERA s128(2);ERA s132 |
| Cases Cited | Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA);PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);Wellington, Taranaki and Marlborough Clerical Administration and Related Workers IUOW v Greenwich t/a Becket Employment [1983] ACJ 965 (AC);Weston v Advkit Para Legal Services Ltd [2010] NZEmpC 140 ; Z v A [1993] 2 ERNZ 469 |
| Number of Pages | 7 |
| PDF File Link: | 2016_NZERA_Wellington_60.pdf [pdf 162 KB] |