| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 182 |
| Hearing date | 19-Apr-17 |
| Determination date | 27 June 2017 |
| Member | V Campbell |
| Representation | K Skipworth ; no appearance |
| Location | Auckland |
| Parties | Morning v Finishing Touches & Curtain Designers Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - No appearance for respondent - Sales Assistant |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Meeting was to discuss proposal to restructure. Applicant dismissed for breach of employment agreement not related to purpose of meeting. Respondent failed to undertake sufficient investigation into allegation that applicant breached confidentiality and failed to provide opportunity for applicant to respond. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $3,458 reimbursement of lost wages. $10,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $2,247(gross) and $63 (net) arrears of wages and $1,655 arrears of holiday pay. Interest payable. |
| Result | Applications granted ; Reimbursement of lost wages ($3,458) ; Compensation for humiliation etc ($10,000) ; Arrears of wages ($2,247)(gross) ($63.45) (net) ; Arrears of holiday pay ($1,655) ; Interest (5%) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Companies Act 1993 s12(2) ; ERA s103A(3) ; ERA s124 ; ERA s128 ; ERA s128(2) ; ERA s131 ; ERA s135(5) ; ERA s174E ; ERA Second Schedule cl12 |
| Cases Cited | A Ltd v H [2016] NZCA 419, [2017] 2 NZLR 295;Angus v Ports of Auckland Ltd [2011] NZEmpC 160, [2011] ERNZ 466 |
| Number of Pages | 13 |
| PDF File Link: | 2017_NZERA_Auckland_182.pdf [pdf 136 KB] |