| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 9 |
| Hearing date | 12-Jan-17 |
| Determination date | 12 January 2017 |
| Member | R Larmer |
| Representation | M Moncur ; D Kapadia |
| Location | Auckland |
| Parties | Li v Asopalav New Zealand Ltd t/a Hair Co and Beauty Co Lynn Mall Shopping Centre |
| Summary | UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - CONSENT ORDER - Parties sought consent order - COSTS - Applicant sought contribution towards costs - Hairdresser |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL - Respondent did not give applicant access to relevant information or opportunity to comment before dismissal. No disciplinary process. No evidence applicant worked for competitor. No substantive justification. Dismissal unjustified. REMEDIES: No contributory conduct. $8,000 compensation appropriate.;CONSENT ORDER: Respondent agreed to pay applicant $470 arrears of holiday pay and $136 arrears of wages.;COSTS: Less than one day investigation meeting. Appropriate to apply daily tariff. Respondent to pay applicant $1,286 contribution towards costs. |
| Result | Applications granted ; Orders made ; Compensation for humiliation etc ($8,000) ; Costs in favour of applicant ($1,286) |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1)(A) - ERA s103A - ERA s103A(2) - ERA s103A(3) - ERA s124 |
| Number of Pages | 8 |
| PDF File Link: | 2017_NZERA_Auckland_9.pdf [pdf 160 KB] |