| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 368 |
| Hearing date | 19-Oct-17 |
| Determination date | 24 November 2017 |
| Member | E Robinson |
| Representation | M Moncur ; M Rusero |
| Location | Auckland |
| Parties | Allu v Sahana Inz Ltd and Anor |
| Other Parties | Krishnasamy |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by first respondent – Applicant claimed unjustifiably disadvantaged by non-provision of an employment agreement – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – PENALTY – Applicant sought penalties for first respondent’s breach of the Minimum Wage Act 1983 and Holidays Act 2003 – Applicant claimed second respondent aided and abetted non-payment of wages and holiday pay – Hospitality Worker |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Employment agreement provided. No unjustified disadvantage. First respondent failed to make appropriate inquiries or confirm final payment details. Reasonable employer could not have concluded applicant abandoned employment. First respondent terminated applicant’s employment. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. $1,250 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: No arrears of wages or holiday pay.;PENALTY: No breaches of Minimum Wage Act 1983. Second respondent did not aid and abet non-payment of wages and holiday pay. First respondent failed to pay applicant’s holiday entitlement at time employment terminated. $500 penalty appropriate. |
| Result | Applications granted (unjustified dismissal)(penalty) ; Contributory conduct (50%) ; Compensation for humiliation etc. ($1,250) ; Penalty ($500)(payable to Crown) ; Applications dismissed (unjustified disadvantage)(arrears of wages and holiday pay) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s64 ; ERA s124 ; Immigration Act 2009 s350 ; Minimum Wage Act 1983 s6 |
| Cases Cited | E N Ramsbottom Ltd v Chambers [2000] 2 ERNZ 97 (CA);Xtreme Dinning Ltd v Dewar [2016] NZEmpC 136 |
| Number of Pages | 17 |
| PDF File Link: | 2017_NZERA_Auckland_368.pdf [pdf 239 KB] |