| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 89 |
| Hearing date | 30/09/2015 |
| Determination date | 27 July 2016 |
| Member | Mike Loftus |
| Representation | A Knowsley; G Gowland |
| Location | Wellington |
| Parties | Cull v Angsla Holdings Ltd t/a Angsla Automotive |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – PENALTY – Applicant sought penalties for failure to maintain and produce records - Mechanic |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Respondent admitted altering applicant’s timesheets, leading to underpayments. Respondent did not raise concerns with applicant when believed applicant falsifying timesheets and did not properly engage when applicant raised issues. Applicant entitled to believe could not trust respondent and relationship no longer tenable. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $10,710 reimbursement of lost wages. $7,500 compensation appropriate.ARREARS OF WAGES AND HOLIDAY PAY: Respondent failed to keep proper wage records. Applicant’s evidence accepted as proved. Respondent to pay applicant $2,741 arrears of wages and holiday pay.PENALTY: To award penalty essentially double jeopardy as failure to maintain records essentially why arrears claim succeeded in full and failure to produce records significant factor constructive dismissal. No penalty. |
| Result | Applications granted (unjustified dismissal)(arrears of wages and holiday pay) ; Reimbursement of lost wages ($10,710) ; Compensation for humiliation etc ($7,500) ; Arrears of wages and holiday pay ($2,741.71) ; Application dismissed (penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(b) ; ERA s128(2) ; ERA s130 ; ERA s130(1) ; ERA s132 ; ERA s132(1) |
| Cases Cited | Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA) ; Wellington, Taranaki and Marlborough Clerical Administration and Related Workers IUOW v Greenwich t/a Becket Employment [1983] ACJ 965 (AC) ; Z v Y Ltd and A [1993] 2 ERNZ 469 (EmpC) |
| Number of Pages | 10 |
| PDF File Link: | 2016_ NZERA_ Wellington_89.pdf [pdf 173 KB] |