| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 141 |
| Hearing date | 16-May-17 |
| Determination date | 16 August 2017 |
| Member | P van Keulen |
| Representation | C Walthew ; C Arms-Harris |
| Location | Alexandra |
| Parties | Sayer v Fivefifteen Holdings Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought wages arrears and holiday pay – Auto Technician |
| Abstract | AUTHORITY FOUND – UNJUSTIFIED DISMISSAL: Not satisfied respondent dismissed applicant. Applicant resigned and refused to work out his notice period. No dismissal. ARREARS OF WAGES AND HOLIDAY PAY: Applicant did not accrue four weeks holiday pay during his fixed term employment that transferred to permanent employment. Applicant not entitled to four weeks holiday pay for period employed under fixed term agreement. Respondent did not appropriately consult with applicant before making deductions and cannot rely on clause 14.1 of Employment Agreement to justify a deduction from his final pay. Respondent to pay applicant his full final pay $2,239 arrears of wages. |
| Result | Application dismissed (unjustified dismissal) ; Application partially granted (Arrears of wages and holiday pay) ($2,239); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A) ; ERA s66 ; ERA s66(1) ; ERA s66(2) ; ERA s66(5) ; ERA s66(6) ; ERA s103A ; Holidays Act s28 ; Wages Protection Act 1983 s5 |
| Cases Cited | Drake Personnel (New Zealand) Ltd Taylor [1996] 2 NZLR 644 (CA) ; Edwards (Labour Inspector) v Topo Gigio Restaurant Ltd EmpC Auckland AEC109A/95, 16 November 1995 ; G L Freeman Holdings Ltd v Livingston [2015] NZEmpC 120 ; Jonas v Menefy Trucking Ltd [2013] NZEmpC 200 |
| Number of Pages | 13 |
| PDF File Link: | 2017_NZERA_Christchurch_141.pdf [pdf 200 KB] |