| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 314 |
| Hearing date | 24-May-16 |
| Determination date | 15 September 2016 |
| Member | N Craig |
| Representation | W Reid ; A Ireland (in person) |
| Location | Hamilton |
| Parties | Ottesen v Ireland and Anor |
| Other Parties | Ireland |
| 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 – Deductions from wages - Truck driver |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Respondent’s son had ostensible authority to act on behalf of respondents. Respondents wanted applicant to keep working for them. Applicant did not like staying away from family. Applicant resigned of own volition. No dismissal.ARREARS OF WAGES AND HOLIDAY PAY: Deductions not made in accordance with employment agreement and no evidence of applicant requesting deductions. Respondent to pay applicant $289 arrears of wages and $23 arrears of holiday pay. |
| Result | Application granted (arrears of wages and holiday pay) ; Arrears of wages ($289.94) ; Arrears of holiday pay ($23.20) ; Application dismissed (unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124 ; ERA s174E ; Wages Protection Act 1983 s4 ; Wages Protection Act 1983 s5(1) ; Wages Protection Amendment Act 2016 |
| Cases Cited | Clark v Nelson Marlborough District Health Board [2002] 2 ERNZ 483 (EmpC) |
| Number of Pages | 16 |
| PDF File Link: | 2016_NZERA_Auckland_314.pdf [pdf 215 KB] |