| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 324 |
| Hearing date | 12-Oct-17 |
| Determination date | 18 October 2017 |
| Member | E Robinson |
| Representation | C Goode ; A Merrie (2nd resp in person) |
| Location | Auckland |
| Parties | McLean v Pretty Damn Good for you Ltd & Anor |
| Other Parties | Merrie |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by first respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – PENALTY – Applicant sought penalty for second respondent aiding and abetting breaches of good faith – Chef |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent did not follow fair process in terminating applicant’s employment. Applicant deprived of opportunity to comment on process. Procedural defects more than minor. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $9,232 reimbursement of lost wages. $7,500 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $1,154 arrears of wages and $2,308 arrears of holiday pay. Interest payable.;PENALTY: Second respondent aided first respondent to conceal financial situation from applicant in breach of good faith obligations. Breaches intentional. $7,000 penalty appropriate. |
| Result | Applications granted ; Reimbursement of lost wages ($9,232) ; Compensation for humiliation etc ($7,500) ; Arrears of wages ($1,154) ; Arrears of holiday pay ($2,308) ; Penalty ($5,000)(payable to applicant)($2,000)(payable to Crown) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 ; ERA s4(1A)(c) ; ERA s4(1A)(i) ; ERA s4(1A)(ii) ; ERA s103A ; ERA s124 ; ERA s128 ; ERA s128(2) ; ERA s133A ; ERA s133A(c) ; ERA s134(2) ; ERA Second Schedule cl11; Holidays Act 2003 s83(4) ; Judicature (Prescribed Rate of Interest) Order 2011 cl4 |
| Cases Cited | Lumsden v Skycity Management Ltd [2017] NZEmpC 30;Simpsons Farms Ltd v Aberhart [2006] ERNZ 825 (EmpC);Vice- Chancellor of Massey University v Wrigley [2011] NZEmpC 37 |
| Number of Pages | 13 |
| PDF File Link: | 2017_NZERA_Auckland_324.pdf [pdf 59 KB] |