| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 105 |
| Hearing date | 7-Apr-17 |
| Determination date | 07 April 2017 |
| Member | R Larmer |
| Representation | D Rooke ; D Ferguson |
| Location | Auckland |
| Parties | Eason v Fabri-cell International Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed arrears of wages – Maintenance Man |
| Abstract | AUTHORITY FOUND - UNJUSTIFIED DISMISSAL: Respondent’s reasons for dismissal were without merit. Respondent unilaterally terminated applicant’s employment. No concerns were raised before dismissal and nor notice or pay in lieu of notice given. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $1,560 reimbursement of lost wages. $9,000 compensation appropriate. ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $482 arrears of wages. Respondent to pay applicant $3,081 arrears of holiday pay. COSTS: Less than half day investigation meeting. No factors identified to adjust tariff. Respondent to pay applicant $1,285 contribution towards costs. |
| Result | Applications granted ; Reimbursement of lost wages ($1,560) ; Compensation for humiliation etc ($9,000) ; Arrears of wages ($482.64) ; Arrears of holiday pay ($3,081.06) ; Costs in favor of applicant ($1,285.71) ; Disbursements in favor of applicant ($71.56) |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A) ; ERA s103(2) ; ERA s103A ; ERA s103A(3) ; ERA s124 ; ERA s128(2) |
| Number of Pages | 10 |
| PDF File Link: | 2017_NZERA_Auckland_105.pdf [pdf 233 KB] |