| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 24 |
| Hearing date | 2-Mar-17 |
| Determination date | 03 April 2017 |
| Member | T Tetitaha |
| Representation | B Laracy ; G Denholm (1st Resp), H Leaupepe (in person - 2nd Resp) |
| Location | Wellington |
| Parties | Jury and Ors v Efficient Lighting Technology Ltd and Anor |
| Other Parties | Laughton, Hollander, McAteer ; Leaupepe |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicants sought arrears of wages and holiday pay – Whether second respondent personally liable for arrears –- UNJUSTIFIED DISMISSAL – Redundancy – Applicants claimed unjustifiably dismissed by respondent – PENALTY – Applicants sought penalty for respondent’s failure to respond to requests for reasons for dismissal and breaches of employment agreements. |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES AND HOLIDAY PAY: Applicants’ evidence accepted. First respondent to pay first applicant $19,598 arrears of wages and holiday pay, second applicant $18,815 arrears of wages and holiday pay, third applicant $14,535 arrears of wages and holiday pay and pay fourth applicant $20,649 arrears of wages and holiday pay. Interest payable. Second respondent not personally liable for arrears.;UNJUSTIFIED DISMISSAL: Respondent breached good faith by failing to consult about redundancy. Procedural defects considered minor and did not cause unfairness. Dismissal justified.;PENALTY: Breach was serious, deliberate and sustained across all four applicants. $4,000 penalty appropriate. |
| Result | Applications granted (arrears of wages and holiday pay)(penalty); Arrears of wages and holiday pay ($19,598.38)(first applicant)($18,815.07)(second applicant)($14,535.17)(third applicant)($20,649.95)(fourth applicant) ; Penalty ($1,000)(first applicant) ($1,000)(second applicant) ($1,000)(third applicant) ($,1000)(fourth applicant) ; Application dismissed (unjustified dismissal); Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s131 ; ERA s135 ; ERA s136(2) ; ERA s120 ; Property Law Act 2007 s27 |
| Cases Cited | Bhatti v Aotearoa Smart Buy NZ Ltd & Anor [2016] NZERA Auckland 268;Domingo v Suon [2016] NZERA Auckland 170;Harris v TSNZ Pulp & Paper Maintenance Ltd [2015]NZEmpC 43;Lumsden v Skycity Management Ltd [2017] NZEmpC 30;Pure New Zealand Foods Ltd v Sharma [2016] NZERA Wellington 129 |
| Number of Pages | 8 |
| PDF File Link: | 2017_NZERA_Wellington_24.pdf [pdf 131 KB] |