| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 83 |
| Hearing date | 12 Dec 2014, 20 Mar 2015, 13 Apr 2015, 30 Jul 2015 - 31 Jul 2015 and 20 Aug 2015 (6 days) |
| Determination date | 11 March 2016 |
| Member | J Crichton |
| Representation | P Dale, E Telle ; R Mansfield, A Schirnack |
| Location | Auckland |
| Parties | Orduna Jr and Ors v Dotcom |
| Other Parties | Tactaquin, Relleve |
| Summary | UNJUSTIFIED DISMISSAL – Applicants claimed unjustifiably dismissed by respondent – ARREARS OF WAGES – Applicants sought arrears of wages |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Evidence that third applicant and respondent’s wife on good terms. Evidence that third applicant left to find alternative employment which suited her better. No evidence of bullying or harassment. Third respondent resigned of own volition. No dismissal. Respondent did not properly investigate concerns or give first applicant opportunity to be heard. First applicant’s dismissal unjustified. Respondent did not properly investigate concerns or give second applicant opportunity to be heard. Second applicant’s dismissal unjustified. REMEDIES: Respondent to pay first applicant $8,850 reimbursement of lost wages and second applicant $17,526 reimbursement of lost wages. $4,000 compensation appropriate for first applicant. $3,000 compensation appropriate for second applicant.ARREARS OF WAGES: Applicants failed to prove on balance of probabilities that respondent agreed to pay overtime. Bonus sought by applicants discretionary. No arrears of wages. |
| Result | Application granted (unjustified dismissal)(first and second applicant) ; Reimbursement of lost wages ($8,850)(first applicant)($17,526)(second applicant) ; Compensation for humiliation etc ($4,000) (first applicant)($3,000)(second applicant) ; Application dismissed (arrears of wages) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s130(1)(g) |
| Cases Cited | Matsuoka v LSG Sky Chefs New Zealand Ltd [2013] NZEmpC 165, [2013] ERNZ 605 ; Orduna v Dotcom [2015] NZERA Auckland 377 |
| Number of Pages | 27 |
| PDF File Link: | 2016_NZERA_Auckland_83.pdf [pdf 306 KB] |