| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2018] NZERA Auckland 28 |
| Hearing date | 25-Jan-18 |
| Determination date | 25 January 2018 |
| Member | T Tetitaha |
| Representation | E Reilly ; M Moncur |
| Location | Rotorua |
| Parties | Cheng v Richora Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – COSTS – Applicant sought contribution towards costs – Sales Consultant |
| Abstract | AUTHORITY FOUND –; UNJUSTIFIED DISMISSAL: Applicant employed on casual basis. Threatening behaviour by respondent combined with applicant being locked out of work premises amounted to dismissal. Respondent did not investigate allegations, raise concerns or give her a reasonable chance to respond. Applicant considered vulnerable, subject to bullying and was diagnosed with general anxiety disorder relating to a work incident. Dismissal unjustified. REMEDIES: No contributory conduct. $20,000 compensation appropriate. ARREARS OF WAGES AND HOLIDAY PAY: Respondent accepts wages owed. No wage records, applicants claim accepted except where contrary evidence presented over Chinese New Year. Respondent to pay applicant $3,391 arrears of wages and $271 arrears of holiday pay. COSTS: Half day investigation meeting. Respondent to pay applicant $2,250 contribution towards costs. |
| Result | Applications granted ; Arrears of wages ($3,391.84) ; Arrears of holiday pay ($271.35) ; Costs in favour of applicant ($2,250) ; Compensation for humiliation etc ($20,000) |
| Main Category | Personal Grievance |
| Statutes | ERA s103(2);ERA s103A(3);ERA s132 |
| Cases Cited | Waikato District Health Board v Archibald [2017] NZEmpC 132 |
| Number of Pages | 9 |
| PDF File Link: | 2018_NZERA_Auckland_28.pdf [pdf 129 KB] |