| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 129 |
| Hearing date | 2 Feb 2017, 3 Feb 2017 and 23 Feb 2017 (3 days) |
| Determination date | 01 May 2017 |
| Member | R Arthur |
| Representation | B Norling ; S Worthy, J MacGibbon |
| Location | Auckland |
| Parties | Tsuchiya v Last Resort New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - WAGE ARREARS - Applicant sought arrears of wages - COUNTERCLAIM - RECOVERY OF MONIES - Respondent sought recovery of applicant’s agreed share for visa fees and loan made to applicant - Branch Manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent failed to provide applicant with evidence against him or opportunity to comment. Applicant did not have opportunity to seek advice or respond to information. Respondent failed to keep open mind. Finding of serious misconduct not open to a fair and reasonable employer. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $11,000 reimbursement of lost wages. $16,000 compensation appropriate.;WAGE ARREARS: Respondent to pay applicant $4,357 arrears of wages;COUNTERCLAIM - RECOVERY OF MONIES: Applicant to pay respondent $7,403 recovery of monies. Respondent may deduct this amount from total amount owed to applicant. |
| Result | Application granted ; Reimbursement of lost wages ($11,000) ; Compensation for humiliation etc ($16,000) ; Arrears of wages ($4,357.80) ; Counterclaim - recovery of monies ($7,403.50) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A ; ERA s124 ; ERA s128 ; ERA s174E |
| Cases Cited | Air New Zealand v V [2009] ERNZ 185 (EmpC);Angus v Ports of Auckland Ltd [2011] NZEmpC 160, [2011] ERNZ 466;Ritchies Transport Holdings Ltd v Merennage [2015] NZEmpC 198, (2015) 10 NZELC 79-061;Whanganui College Board of Trustees v Lewis [2000] 1 ERNZ 397 (CA) |
| Number of Pages | 20 |
| PDF File Link: | 2017_NZERA_Auckland_129.pdf [pdf 377 KB] |