| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 145 |
| Hearing date | 6 Apr 2017, 11 Apr 2017 and 12 Apr 2017 (3 days) |
| Determination date | 15 May 2017 |
| Member | E Robinson |
| Representation | P Lee-Lo ; A Talakai, R Singh |
| Location | Auckland |
| Parties | Malawaliya v Anjani Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Assistant Manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent’s actions not consistent with employer holding belief employee had abandoned employment. Applicant’s work visa allowed him only to work for respondent and financially challenged without position. Respondent dismissed applicant. Dismissal unjustified. REMEDIES: 40 per cent contributory conduct. Respondent to pay applicant $10,010 reimbursement of lost wages. $4,800 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $1,084 arrears of wages. Respondent to calculate and pay applicant arrears of holiday pay. |
| Result | Applications granted ; Contributory conduct (40%) ; Reimbursement of lost wages ($10,010) ; Compensation for humiliation etc ($4,800) ; Arrears of wages ($1,084) ; Arrears of holiday pay (quantum to be determined); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s128(2) ; ERA s124 ; Wages Protection Act 1983 s4 |
| Cases Cited | E N Ramsbottom Ltd v Chambers [2000] 2 ERNZ 97 (CA) |
| Number of Pages | 20 |
| PDF File Link: | 2017_NZERA_Auckland_145.pdf [pdf 251 KB] |