| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 184 |
| Hearing date | 13-Jun-17 |
| Determination date | 28 June 2017 |
| Member | R Larmer |
| Representation | I Westwood ; RP Singh, A Talakai |
| Location | Auckland |
| Parties | Cheng Au v Style Hairdressing (2012) 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 - PENALTY - Applicant sought penalty for respondent’s various breaches of minimum standards and employment agreement |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Evidence suggests respondent prepared resignation letter and had applicant sign it. Applicant only signed letter because desperately needed wages. Employment ended at employer’s initiative. Dismissal unjustified. REMEDIES: Respondent to pay applicant $2,220 reimbursement of lost wages. $10,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent’s timesheets not contemporaneous. Respondent failed to keep wage and time records. Applicant’s evidence as to hours worked accepted. Respondent sent applicant home and deducted wages when no work available. No consent to deduct wages. Respondent to pay applicant arrears of wages, holiday pay and KiwiSaver, quantum to be determined. Interest payable.;PENALTY: Respondent engaged in 8 breaches of minimum standards and employment agreement. Breaches not deliberate. Breaches on-going and continued until investigation meeting. Respondent litigated every aspect of claim and slow to provide information. $16,000 penalty appropriate. |
| Result | Applications granted ; Reimbursement of lost wages ($2,220) ; Compensation for humiliation etc ($10,000) ; Arrears of wages, holiday pay and KiwiSaver (quantum to be determined) ; Interest payable (5%) ; Penalty ($10,000)(applicant ($6,000)(crown) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s130 ; ERA s130(1) ; ERA s131 ; ERA s130(2) ; ERA s132 ; ERA s132(2) ; Wages Protection Act 1983 s5 |
| Number of Pages | 22 |
| PDF File Link: | 2017_NZERA_Auckland_184.pdf [pdf 228 KB] |