| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 138 |
| Hearing date | 27-Feb-17 |
| Determination date | 08 May 2017 |
| Member | R Arthur |
| Representation | G Pollak, J Lynch ; M Ryan |
| Location | Auckland |
| Parties | Hannah v Quality Consumables Ltd and Anor |
| Other Parties | McCormick |
| Summary | PRACTICE AND PROCEDURE - Identity of employer - Whether applicant employed by first respondent or second respondent - UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Pay and tax records showed applicant paid by first respondent. Applicant’s work email, business card and company van used first respondent’s trading name. Applicant employed by first respondent.;UNJUSTIFIED DISMISSAL: Respondent breached terms of employment by refusing to pay arrears. Letter indicated respondent had no intention to pay arrears and it was reasonably foreseeable that applicant would resign as a result. Resignation caused by breach of employment agreement. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: Respondent to pay applicant $7,921 reimbursement of lost wages. $8,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent increased applicant’s wage. Applicant should have been paid for 30 hours rather than 27.5 per week. Claim restricted to six years. Respondent to pay $21,572 arrears of wages and $1,725 arrears of holiday pay. $899 Interest payable. |
| Result | Applicants granted ; Reimbursement of lost wages ($7,921.50) ; Compensation for humiliation etc ($8,000) ; Arrears of wages ($21,572.62) ; Arrears of holiday pay ($1,725.80) ; Interest payable ($899.58) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s3 ; ERA s 63A ; ERA s64 ; ERA s65 ; ERA s124 ; ERA s128 ; ERA s142 ; ERA s157(2)(d) ; ERA s174E ; Judicature (Prescribed Rate of Interest) Order 2011 |
| Cases Cited | Fagotti v Acme & Co Ltd [2015] NZEmpC 135, (2015) NZELR 1;Johnson v Police [2012] NZHC 2643;Nelson v Katavich [2016] NZEmpC 48;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);R v Johnson CA310/01, 11 March 2002 |
| Number of Pages | 14 |
| PDF File Link: | 2017_NZERA_Auckland_138.pdf [pdf 216 KB] |