| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 338 |
| Hearing date | 4-Oct-16 |
| Determination date | 04 October 2016 |
| Member | T Tetitaha |
| Representation | R Tretheway ; no appearance |
| Location | Gisborne |
| Parties | Boyd v TFC Logging Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – No appearance for respondent - Truck driver |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Respondent stopped contacting applicant for work. Applicant told no longer worked for respondent. No investigation, no raising of concerns and no opportunity given for applicant to respond. Dismissal unjustified. No contributory conduct. Respondent to pay applicant $648 reimbursement of lost wages. $5,000 compensation appropriate.ARREARS OF WAGES AND HOLIDAY PAY: In absence of contrary evidence, applicant’s claimed accepted as proved. Applicant did not take leave or receive holiday pay. Respondent to pay applicant $6,786 arrears of wages and $750 arrears of holiday pay. Interest payable. |
| Result | Applications granted ; Reimbursement of lost wages ($648) ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($6,786) ; Arrears of holiday pay ($750.08) ; Interest (5%) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(3) ; ERA s103(5) ; ERA s128 ; ERA s132(1) ; ERA s132(2) ; ERA Second Schedule cl12 ; Holidays Act 2003 s23 |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] NZEmpC 160, [2011] ERNZ 466 ; Carter Holt Harvey v Yukich [2005] ERNZ 300 (CA) |
| Number of Pages | 7 |
| PDF File Link: | 2016_NZERA_Auckland_338.pdf [pdf 216 KB] |