| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 60 |
| Hearing date | 27-Feb-17 |
| Determination date | 27 February 2017 |
| Member | T Tetitaha |
| Representation | K Usmar ; N Gunaydin, M Bell |
| Location | Tauranga |
| Parties | Jhorad v Caf� Ephesus Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Waiter |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Respondent did not follow fair process in dismissing applicant. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. $2,500 compensation appropriate.ARREARS OF WAGES AND HOLIDAY PAY: Respondent did not pay applicant some wages and holiday pay. Respondent to pay applicant $3,274 arrears of wages and arrears of holiday pay, quantum to be determined. |
| Result | Applications granted ; Contributory conduct (50%) ; Compensation for humiliation etc ($2,500) ; Arrears of wages ($3,724) ; Arrears of holiday pay (quantum to be determined) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A ; ERA s125 ; ERA s131 |
| Number of Pages | 8 |
| PDF File Link: | 2017_NZERA_Auckland_60.pdf [pdf 128 KB] |