| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 197 |
| Hearing date | 8-Jun-16 |
| Determination date | 16 June 2016 |
| Member | Vicki Campbell |
| Representation | WP Mita ; no appearance |
| Location | Auckland |
| Parties | Patel v S & G Plus Auto Electrical Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed constructively dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – RECOVERY OF MONIES – Applicant sought recovery of payments made to IRD – No appearance for respondent – Marketing manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent’s failure to pay wages fundamental breach of employment agreement. Applicant entitled to treat failure as repudiation. Reasonably foreseeable applicant not prepared to continue work under conditions. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $2,557 reimbursement of lost wages. $5,000 compensation for humiliation etc.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant worked in accordance with employment agreement. Applicant never received payment of wages. Respondent to pay applicant $40,848 arrears of wages and $3,267 arrears of holiday pay.;RECOVERY OF MONIES: Applicant made payments to IRD as payments of PAYE on wages. Respondent to pay applicant $4,207 recovery of monies. |
| Result | Applications granted ; Arrears of wages ($40,848) ; Arrears of holiday pay ($3,267.84) ; Recovery of monies ($4,207.61) ; Reimbursement of lost wages ($2,557.44) ; Compensation for humiliation etc ($5,000) ; Disbursements in favour of applicant ($71.56) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s124;ERA s131;ERA s160(3);ERA s174E;ERA Second Schedule cl12 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers Industrial Union Of Workers (Inc) [1994] 2 NZLR 415 (CA), [1994] 1 ERNZ 168 |
| Number of Pages | 8 |
| PDF File Link: | 2016_NZERA_Auckland_197.pdf [pdf 129 KB] |