| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 321 |
| Hearing date | 12-Oct-17 |
| Determination date | 13 October 2017 |
| Member | V Campbell |
| Representation | K de Karteret (in person) ; No Appearance |
| Location | Auckland |
| Parties | de Carteret v E-Comm Group 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 – COSTS – Applicant sought contribution towards costs – No appearance for respondent – Business Developer |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Dismissal immediate and abrupt. Respondent’s process leading to dismissal defective and applicant treated unfairly. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $4,038 reimbursement of lost wages. $8,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent failed to provide orally agreed hours of work. Respondent to pay applicant $3,634 arrears of wages and holiday pay.;COSTS: Length of investigation meeting not specified. Respondent to pay applicant $250 contribution towards costs |
| Result | Applications granted ; Compensation for humiliation etc ($8,000) ; Reimbursement of lost wages ($4,0438.45) ; Arrears of wages and holiday pay ($3,634.61) ; Costs in favour of applicant ($250) ; Disbursements in favour of applicant ($71.56) |
| Main Category | Personal Grievance |
| Statutes | ERA Second Schedule cl12;ERA s67A;ERA s67B;ERA s103A (3)(a);ERA s103A (3)(b);ERA s103A (3)(c);ERA s103A (3)(d);ERA s103A(5);ERA s124;ERA s131;ERA s174E;Employment Relations Regulations, r8(3);Employment Relations Regulations, r26 |
| Number of Pages | 7 |
| PDF File Link: | 2017_NZERA_Auckland_321.pdf [pdf 33 KB] |