| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 171 |
| Hearing date | 31-May-16 |
| Determination date | 31 May 2016 |
| Member | Anna Fitzgibbon |
| Representation | A Charman ; no appearance |
| Location | Auckland |
| Parties | Toia v Aariz Tyres & Auto Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant alleged to have damaged property and used abusive language – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – No appearance for respondent – Labourer |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent did not acknowledge allegations disputed by applicant. Fair and reasonable employer could not dismiss in circumstances. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $3,313 reimbursement of lost wages. $5,000 compensation for humiliation etc appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $5,771 arrears of wages and $1,433 arrears of holiday pay. |
| Result | Applications granted ; Reimbursement of lost wages ($3,313) ; Arears of wages ($5,771.25) ; Arrears of holiday pay ($1,433.68) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s123;ERA s124;ERA s128;ERA s174 |
| Number of Pages | 4 |
| PDF File Link: | 2016_NZERA_Auckland_171.pdf [pdf 95 KB] |