| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2018] NZERA Auckland 1 |
| Hearing date | 19 Sept 2017 - 27 Sept 2017 (2 days) |
| Determination date | 03 January 2018 |
| Member | N Craig |
| Representation | Y Deng (in person) ; N Wang (in person) |
| Location | Auckland |
| Parties | Deng v Wang and Anor |
| Other Parties | Good Future Auckland Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Whether applicant employed by first respondent or second respondent – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of holiday pay – Cook |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Employment agreement referred to employer as New Windsor Aged Care. Pay slips refer to New Winsor Aged Care and earlier payslips refer to second respondent. The district health board’s agreement is with the second respondent. Evidence supports second respondent as employer. Applicant employed by second respondent. UNJUSTIFIED DISMISSAL: Applicant on several occasions communicated she was able to work. Respondent failed to offer her any shifts and as a result dismissed her. No disciplinary process undertaken in regard to applicant’s unavailability for work on certain days. First respondent on behalf of second respondent gave up offering work to applicant. Respondent did not act in a way a reasonable employer could have done. Dismissal unjustified. REMEDIES: 10 per cent contributory conduct. Respondent to pay applicant $969 reimbursement for lost wages. $2,700 compensation appropriate. ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $1417 arrears of holiday pay and $29 arrears of KiwiSaver. |
| Result | Application granted ; Reimbursement of lost wages ($969.52) ; Compensation for humiliation etc ($2,700) ; Arrears of KiwiSaver ($29.09) ; Arrears of holiday pay ($1417.50) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s122;ERA s128(2);ERA s160(1)(3);ERA s174E |
| Number of Pages | 12 |
| PDF File Link: | 2018_NZERA_Auckland_1.pdf [pdf 195 KB] |