| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 329 |
| Hearing date | 17-Oct_17 |
| Determination date | 20 October 2017 |
| Member | E Robinson |
| Representation | B Hinchcliffe ; W Peters |
| Location | Auckland |
| Parties | Granados v Figurex Franchising Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES – Applicant sought arrears of wages – Sales, Marketing and Social Media Consultant |
| Abstract | AUTHORITY FOUND –PRACTICE AND PROCEDURE: Records of applicant’s work visa specifications with respondent’s name detailed paired with two employment agreements and bank account payments determine that respondent was employer. Applicant employed by respondent.UNJUSTIFIED DISMISSAL: Respondent did not pay applicant entire wages when they were due. Respondent’s breach of the terms of the contract serious enough to warrant the employee leave employment. Reasonably foreseeable that applicant would resign as a result of the breach. REMEDIES: No contributory conduct. Respondent to pay $7,777 reimbursement of lost wages. $10,000 compensation appropriate.ARREARS OF WAGES: Respondent to pay applicant $7,777 in arrears of wages, $622 arrears of holiday pay and $233 arrears of KiwiSaver. |
| Result | Applications granted ; Arrears of wages ($7,777.00) ; Arrears of holiday pay ($622.16) ; Arrears of KiwiSaver ($233.31) ; Reimbursement of lost wages ($13,400) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124;ERA s128(3);Holidays Act 2003 s83(4);Wages Protection Act 1983 s4 |
| Cases Cited | Striffe v Wilson & Horton EmpC Auckland AC 94/100, 5 December 2000 106/00;Wellington, Taranaki and Marlborough Clerical IUOW v Greenwich (t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) (1983) ERNZ Sel Cas 95;Wellington Road Transport IUOW v Fletcher Construction Co Ltd (1983) ERNZ Sel Cas 59 |
| Number of Pages | 10 |
| PDF File Link: | 2017_NZERA_Auckland_329.pdf [pdf 251 KB] |