| Restrictions |
OK |
| Jurisdiction |
Employment Relations Authority - Auckland |
| Reference No |
[2018] NZERA Auckland 370 |
| Hearing date |
13 November 2018 |
| Determination date |
26 November 2018 |
| Member |
Eleanor Robinson
|
| Representation |
Danny Gelb, Advocate for Applicant
Ravneet Brar, Representing the First and Second Respondent
|
| Location |
Auckland |
| Parties |
HORAN
v
GOLDEN FORK LIMITED and Anor
|
| Other Parties |
BRAR
|
| Summary |
UNJUSTIFIED DISMISSAL – Applicant dismissed for not holding a liquor license – Applicant was not made aware of any alleged shortcomings in his performance or that his employment was in jeopardy prior to dismissal – Respondent could not rely on probationary period – Under employment agreement appointment to Bar Manager position was to be made on obtaining a license within a period of four two six weeks, this period had not expired by time applicant was dismissed or certificate was obtained – No evidence of formal disciplinary procedure with respect to applicant’s employment – No substantive justification for dismissal – Flawed dismissal procedure – Dismissal unjustified – REMEDIES: No contributory conduct – Respondent to pay applicant $1,330 reimbursement of lost wages – $3,000 compensation appropriate
ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay entitlements – No arrears of wages – Respondent to pay applicant $75 arrears of holiday pay
PENALTY: Applicant sought penalty for respondent’s failure to pay holiday pay entitlements – Penalty appropriate as respondent breached basic statutory requirement – Public interest in deterring other employers from similar behaviour – Shortfall in payment was inadvertent rather than deliberate –$1,000 penalty appropriate
|
| Main Category |
Personal Grievance |
| Number of Pages |
12 |
| PDF File Link: |
2018 NZERA Auckland 370 [pdf 280 KB] |