| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 323 |
| Hearing date | 13-Oct-17 |
| Determination date | 16 October 2017 |
| Member | A Fitzgibbon |
| Representation | E Moss ; A Assilbekov |
| Location | Auckland |
| Parties | Hillier v Medeu International Ltd t/a Bld Caf� |
| Summary | PERSONAL GRIEVANCE – UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably disadvantaged by not being provided written employment agreement and by respondent not meeting its PAYE, student loan and KiwiSaver obligation’s – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Front of House/Barista |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE: By the time of the Authority’s investigation, respondent had complied with its obligations and there were no outstanding claims. No unjustified disadvantage.;UNJUSTIFIED DIMISSAL: Respondent did not investigate or raise customer allegations with the applicant prior to dismissal. Reasonable employer could not have concluded the applicants conduct amounted to serious misconduct. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay $5,320. $5,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY – Respondent to pay applicant $886 for unpaid notice under the employment agreement and $402 holiday pay. |
| Result | Applications granted (unjustified dismissal)(arrears of wages and holiday pay) ; Compensation for humiliation etc ($5,000) ; Reimbursement of wages ($5,320.35) ; Arrears of wages ($886.72) ; Arrears of holiday pay ($402.41) ; Application dismissed (unjustified disadvantage) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(2);ERA s128(2);ERA s174E |
| Number of Pages | 7 |
| PDF File Link: | 2017_NZERA_Auckland_323.pdf [pdf 173 KB] |