| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 278 |
| Hearing date | 13-Sep-17 |
| Determination date | 13 September 2017 |
| Member | A Fitzgibbon |
| Representation | VJ Edmond (in person) ; no appearance |
| Location | Auckland |
| Parties | Edmond v Goldstone Aluminium 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 – Aluminium Window Glazier |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent failed to provide Employment Agreement even where requested by applicant. Applicant shocked and devastated by dismissal text message. Applicant vulnerable with a partner and young child to support. Respondent acted callously and not as a fair and reasonable employer. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $6,100 reimbursement of lost wages. $10,000 compensation appropriate. ARREARS OF WAGES AND HOLIDAY PAY: Respondent failed to pay applicant wages prior to dismissal. Applicant not paid for notice of termination, annual leave or holiday pay upon dismissal. Respondent to pay applicant $732 arrears of wages and $2,662 arrears of holiday pay. |
| Result | Applications granted ; Reimbursement of lost wages ($6,100) ; Arrears of wages ($732) ; Compensation for humiliation etc ($10,000) ; Arrears of holiday pay ($2,662.72) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Statutes | ERA Second Schedule cl12;ERA s103A;ERA s128(2);ERA s174E;Employment Relations Authority Regulations r26 |
| Number of Pages | 5 |
| PDF File Link: | 2017_NZERA_Auckland_278.pdf [pdf 18 KB] |