| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 319 |
| Hearing date | 20-Sep-16 |
| Determination date | 20 September 2016 |
| Member | R Larmer |
| Representation | T Michael (in person) ; no appearance |
| Location | Auckland |
| Parties | Michael v Thompson-Mita and Anor |
| Other Parties | Bmevents NZ Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Whether applicant employed by first or second respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages, holiday pay and employer KiwiSaver contributions – UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent – Store manager |
| Abstract | AUTHORITY FOUND –PRACTICE AND PROCEDURE: First respondent offered applicant employment. Applicant not aware of second respondent until after already started work. Applicant thought first respondent employer as all dealings with first respondent. Applicant employed by first respondent.ARREARS OF WAGES AND HOLIDAY PAY: Respondent never paid applicant. Applicant did not take paid holiday while employed. First respondent failed to make employer KiwiSaver contributions. First respondent to pay applicant $3,633 arrears of wages, $299 arrears of holiday pay and $109 arrears of KiwiSaver contributions.UNJUSTIFIED DISMISSAL: First respondent actually dismissed applicant via text. Even if wrong, first respondent fundamentally breached terms and conditions of employment by failing to pay applicant so applicant constructively dismissed. First respondent breached good faith obligations and procedural fairness requirements. Dismissal unjustified. REMEDIES: No contributory conduct. First respondent to pay applicant $11,250 reimbursement of lost wage. $337 compensation for loss of KiwiSaver benefits appropriate. $6,000 compensation for humiliation etc. appropriate. |
| Result | Applications granted ; Arrears of wages ($3,633.84) ; Arrears of holiday pay ($299.43) ; Arrears of KiwiSaver contributions ($109) ; Reimbursement for lost wages ($11,250) ; Compensation for loss of benefit ($337.50) ; Compensation for humiliation etc ($6,000) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A) ; ERA s6 ; ERA s63A ; ERA s103A ; ERA s103A(3) ; ERA s124 ; ERA s128(2) |
| Number of Pages | 11 |
| PDF File Link: | 2016_NZERA_Auckland_319.pdf [pdf 236 KB] |