| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 189 |
| Hearing date | 8-Jun-16 |
| Determination date | 13 June 2016 |
| Member | Eleanor Robinson |
| Representation | S Kumar (in person) ; R Sandhu |
| Location | Auckland |
| Parties | Kumar v Spa Ayurda Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s actions – Applicant claimed constructively dismissed by respondent – Beauty therapist |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Respondent failed to provide written employment agreement. Respondent did not pay minimum wage increases until raised. Applicant regularly had non-billable time to take meal breaks. No bullying or harassment. Applicant entitled to annual leave application, respondent unreasonably withheld consent. Applicant unjustifiably disadvantaged by lack of employment agreement, failure to pay statutory entitlements, unreasonably withholding consent. Applicant not disadvantaged by lack of meal breaks and payslips, and pay day variation. Applicant voluntarily resigned. No constructive dismissal. REMEDIES: No contributory conduct. $4,000 compensation for humiliation etc appropriate. Recommended respondent seek advice for statutory compliance. |
| Result | Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($4,000) ; Recommendation made ; Application dismissed (unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s63A(2);ERA s64(1);ERA s103(1)(b);ERA s123(1)(c)(i);ERA s123(1)(ca);Holidays Act 2003 s16(1);Holidays Act 2003 s18(1);Holidays Act 2003 s18(4);Holidays Act 2003 s32;Holidays Act 2003 s32(2);Holidays Act 2003 s34(4);Holidays Act 2003 s63;Minimum Wage Act 1983 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers Industrial Union of Workers (Inc) [1994] 1 ERNZ 168 (CA);Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA);Wellington, Taranaki and Marlborough Clerical IUOW v Greenwich (t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) [1983] ACJ 965 (AC) |
| Number of Pages | 18 |
| PDF File Link: | 2016_NZERA_Auckland_189.pdf [pdf 241 KB] |