Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 170/03
Hearing date 13 May 2003
Determination date 09 June 2003
Member D King
Representation M Werahiko (In person) ; B Henry
Location Auckland
Parties Werahiko v Henry t/a Brian Henry Silviculture
Summary ARREARS OF WAGES AND HOLIDAY PAY - Employed on job plus subsidy scheme through WINZ - Employment agreement not in writing - Not paid in accordance with oral agreement - Wages and holiday pay due and owing - UNJUSTIFIED DISMISSAL - Constructive dismissal - Resigned after argument concerning failure to pay full amount of wages - Dismissal unjustified
Result Application granted ; Compensation for humiliation etc ($2,000) ; Arrears of wages ($722) ; Arrears of holiday pay ($172.80) ; Interest (5 percent) ; Disbursements in favour of applicant ($70)(Filing fee) ; No order for costs
Cases Cited Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;Wellington etc Clerical Workers' Union v Greenwich [1983] ACJ 965
Number of Pages 2
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