| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 397 |
| Hearing date | 20-Dec-17 |
| Determination date | 22 December 2017 |
| Member | R Arthur |
| Representation | N Koreneff ; no appearance 1st Res, no appearance 2nd Res |
| Location | Tauranga |
| Parties | Sissons v Good Food Trading Co Ltd (in liquidation) and Anor |
| Other Parties | Blennerhassett |
| Summary | PRACTICE AND PROCEDURE – Applicant sought to bring claim against respondent personally – UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and arrears of holiday pay – COSTS – Applicant sought contribution towards costs – Delicatessen Assistant |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: No evidence applicant was provided with any documentation before or at outset of her employment that identified Good Food Trading Company Ltd (“GFTC”) as employer. Applicant only aware of employers trading name and that it was the business of Dr Blennerhassett and Mrs Blennerhassett. No evidence to suggest applicant was aware at outset of employment that GFTC was her employer. Applicant authorised to bring claim against respondent personally.UNJUSTIFIED DISMISSAL: Respondent did not provide applicant with all information of concern and was not given reasonable opportunity to respond to concerns. No sufficient evidence compiled by respondent to establish that applicant committed misconduct or performed poorly. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $3,177 reimbursement of lost wages. $10,000 compensation appropriate. ARREARS OF WAGES AND HOLIDAY PAY: Applicant owed shortfalls due from final pay. Respondent to pay applicant $823 arrears of wages and $861 arrears of holiday pay. COSTS: Two hour investigation meeting. Straightforward matter. Typical daily tariff to apply. Respondent to pay applicant $2,000 contribution towards costs. |
| Result | Applications granted ; Arrears of wages ($823.35) ; Arrears of holiday pay ($861.59) ; Reimbursement of lost wages ($3,177.50) ; Compensation for humiliation etc ($10,000) ; Costs in favour of applicant ($2,000) ; Disbursements in favour of applicant ($71.56) |
| Main Category | Personal Grievance |
| Statutes | Companies Act 1993 s248;ERA Second Schedule cl12;ERA s103A;ERA s120;ERA s124;ERA s131;ERA s141;ERA s174E |
| Cases Cited | Cuttance (T/A Olympic Fitness Centres) v Purkis [1994] 2 ERNZ 321 (EmpC);Fuimaono v Houia [2017] NZEmpC 63;Kingi v Josephs (t/a Grand View Builders) EmpC Auckland ARC73/03, 25 February 2004 |
| Number of Pages | 11 |
| PDF File Link: | 2017_NZERA_Auckland_397.pdf [pdf 186 KB] |