| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 245 |
| Hearing date | 20-Jul-17 |
| Determination date | 21 August 2017 |
| Member | E Robinson |
| Representation | A Steele ; R Parmenter |
| Location | Auckland |
| Parties | Belliard v Adison Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - 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 failure to keep holiday and leave records |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent did not consult with applicant over proposed redundancy or allow applicant to provide feedback. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $10,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $9,840 arrears of wages and $9,310 arrears of holiday pay.;PENALTY: Applicant was responsible for compiling holiday and leave records. Respondent provided document which allowed applicant to establish claim. No penalty. |
| Result | Applications granted (unjustified dismissal)(arrears of wages and holiday pay) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($10,000) ; Arrears of wages ($9,840) ; Arrears of holiday pay ($9,310) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 ; ERA s103A ; ERA s124 ; ERA s128(2) ; Holidays Act 2003 s 81(2) ; Holidays Act 2003 Holidays Act 2003 s81(3) |
| Cases Cited | Hamon v Coromandel Independent Living Trust [2010] NZEmpC 37;Rittson-Thomas t/a Totara Hills Farm v Davidson [2013] NZEmpC 39, [2013] ERNZ 55;Simpsons Farms Ltd v Aberhart [2006] ERNZ 825 (EmpC) |
| Number of Pages | 13 |
| PDF File Link: | 2017_NZERA_Auckland_245.pdf [pdf 261 KB] |