| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 364 |
| Hearing date | 14-Oct-16 |
| Determination date | 18 October 2016 |
| Member | V Campbell |
| Representation | M Harrison ; K Single |
| Location | Auckland |
| Parties | Jesson v Judea Tavern Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Incapacity - Applicant claimed unjustifiably dismissed by respondent – ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – Bar manager |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Respondent did not meet with applicant to discuss injury or return to work. Respondent failed to investigate applicant’s likely return to work or raise any concerns with applicant so applicant had opportunity to respond. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $5,985 reimbursement of lost wages. $5,000 compensation appropriate.ARREARS OF HOLIDAY PAY: Applicant paid all owed holiday pay. No arrears. |
| Result | Application granted (unjustified dismissal) ; Reimbursement of lost wages ($5,985) ; Compensation for humiliation etc ($5,000) ; Application dismissed (arrears of holiday pay) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A; ERA s103A(3) ; ERA s103A(5) ; ERA s124 ; ERA s174E ; Holidays Act 2003 s16 ; Holidays Act 2003 s23 |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] NZEmpC 160, [2011] ERNZ 466 ; Hoskin v Coastal Fishing Supplies Ltd [1985] ACJ 124 (AC) l Scissor Platforms (1997) Ltd v Brien [1999] 2 ERNZ 672 (EmpC) |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Auckland_364_amended.pdf [pdf 187 KB] |