| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 55 |
| Hearing date | 4-Jul-17 |
| Determination date | 05 July 2017 |
| Member | M Loftus |
| Representation | G Ogilvie ; T Kheng (in person) |
| Location | Wellington |
| Parties | Williams v Tong Kheng t/a Mixed Business |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – COSTS – Applicant sought contribution to costs - Chef |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant in on-going employment relationship with respondent. Applicant not employed on valid fixed term of one week and no valid 90 day trial period in place. Respondent brought employment to end. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $660 reimbursement of lost wages. $2,500 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent underpaid applicant’s wages for week worked. Respondent to pay applicant $73 arrears of wages and holiday pay.;COSTS: Half day investigation meeting. Appropriate to apply notional daily tariff. Respondent to pay applicant $2,250 contribution to costs. |
| Result | Applications granted ; Reimbursement of lost wages ($660) ; Compensation for humiliation etc ($2,500) ; Arrears of wages and holiday pay ($73.92) ; Costs in favour of applicant ($2,250) ; Disbursements in favour of applicant ($191.56)(filing fee and service fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s66(3)(b) ; ERA s67A ; ERA s67B ; ERA s103A(5) ; ERA s128(2) |
| Cases Cited | Fagotti v Acme &Co Ltd [2015] NZEmpC 135, (2015) NZELR 1;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);Salad Bowl Ltd v Howe-Thornley [2013] NZEmpC 152, [2013] ERNZ 326;Smith v Stokes Valley Pharmacy (2009) Ltd [2010] NZEmpC 111, [2010] ERNZ 253 |
| Number of Pages | 7 |
| PDF File Link: | 2017_NZERA_Wellington_55.pdf [pdf 160 KB] |