| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 146 |
| Hearing date | 1-Dec-16 |
| Determination date | 01 December 2016 |
| Member | T MacKinnon |
| Representation | CK Fox ; no appearance |
| Location | Wellington |
| Parties | Fox v Fritzams Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – No appearance for respondent - Shop assistant |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Respondent continued to operate shop after applicant’s dismissal. Insufficient information to conclude whether applicant’s position genuinely redundant. Respondent did not give applicant advance warning of dismissal or information about reasons for redundancy. Respondent failed to follow fair process. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $6,591 reimbursement of lost wages. $7,000 compensation appropriate.ARREARS OF WAGES AND HOLIDAY PAY: Respondent did not pay applicant for last week of work, wages in lieu of notice or holiday pay owing on termination of employment. Respondent to pay applicant $2,668 arrears of wages and $751 arrears of holiday pay. |
| Result | Applications granted ; Reimbursement of lost wages ($6,591.81) ; Compensation for humiliation etc ($7,000) ; Arrears of wages ($2,668.75) ; Arrears of holiday pay ($751.67) ; Disbursements in favour of applicant ($71.56) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s103A ; ERA s128 ; ERA Second Schedule cl12 |
| Number of Pages | 7 |
| PDF File Link: | 2016_NZERA_Wellington_146.pdf [pdf 213 KB] |