| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2018] NZERA Auckland 66 |
| Hearing date | 26-Feb-18 |
| Determination date | 26 February 2018 |
| Member | J Trotman |
| Representation | no appearance ; M Whitehead |
| Location | Whangarei |
| Parties | Wikaira v North Sawn Lumber Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – COUNTERCLAIM – COSTS – Respondent sought contribution towards costs – Timber Hand |
| Abstract | AUTHORITY FOUND – UNJUSTIFIED DISMISSAL: Applicant had notice of investigation notice. Applicant failed to attend investigating meeting. Applicant did not make contact with the Authority to explain his non-attendance. Matter dismissed. COSTS: Less than half day investigation meeting. Respondent sought uplift of $1,125 of daily tariff in addition to its actual costs. Respondent incurred unnecessary costs preparing for investigation meeting. Applicant to pay respondent $2,250 contribution towards costs. |
| Result | Application dismissed ; Costs in favour of respondent ($2,250) |
| Main Category | Personal Grievance |
| Statutes | ERA s174E ; ERA Second Schedule cl15 ; Employment Relations Authority Regulations 2000 r21 ; Employment Relations Authority Regulations 2000 r26 |
| Cases Cited | Booth v Big Kahuna Holdings Ltd [2015] NZEmpC 4 Fagotti v Acme & Co Ltd [2015] NZEmpC 135 PBO Ltd (formerly Rush Security) v Da Cruz [2005] ERNZ 808 (EmpC) |
| Number of Pages | 5 |
| PDF File Link: | 2018_NZERA_Auckland_66.pdf [pdf 110 KB] |