| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 209 |
| Hearing date | 18-Jul-17 |
| Determination date | 18 July 2017 |
| Member | A Fitzgibbon |
| Representation | H Burdon, M Revell ; no appearance |
| Location | Hamilton |
| Parties | Purcell v Nei Pryor t/a Pryor Pastrol Ltd and Anor |
| Other Parties | Brailsford Tam Farms Ltd |
| Summary | PRACTICE AND PROCEDURE - Identity of employer - UNJUSTIFIED DISMISSAL - Applicant claimed unjustifiably dismissed by first respondent - ARREARS OF WAGES AND HOLIDAY PAY - Applicant claimed arrears of wages and holiday pay - COSTS - Applicant sought contribution towards costs - No appearance for first respondent - Farmer |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Bank statements demonstrate first respondent employer. Offer of employment in name of first respondent. First respondent employer.;UNJUSTIFIED DISMISSAL: Applicant not given employment agreement for over two and a half months. Applicant told to sign employment agreement or he could not continue working. Dismissal unjustified. REMEDIES: No contributory conduct. First respondent to pay applicant $6,492 reimbursement of lost wages. $15,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant not paid for extra hours worked, last week of work or notice period. Applicant not paid holiday pay on any previous amounts. First respondent to pay applicant $9,286 and $742 arrears of holiday pay.;COSTS -Three and a half hour investigation meeting. Appropriate to apply daily tariff. First respondent to pay applicant $1,968. |
| Result | Applications granted ; Reimbursement of lost wages ($6,492.96) ; Compensation for humiliation ($15,000) ; Arrears of wages ($9,286.23) ; Arrears of holiday pay ($742.24) ; Costs in favour of applicant ($1,968) |
| Main Category | Personal Grievance |
| Statutes | ERA s123 ; ERA s128 ; ERA s174 |
| Number of Pages | 8 |
| PDF File Link: | 2017_NZERA_Auckland_209.pdf [pdf 177 KB] |