| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 217/03 |
| Hearing date | 23 Apr 2003 - 24 Apr 2003 (2 days) |
| Determination date | 15 July 2003 |
| Member | R A Monaghan |
| Representation | C Patterson ; B Endean |
| Location | Auckland |
| Parties | Falloon v Hitex Plastering Ltd & Anor |
| Other Parties | Plastertech Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Suspected breach of fidelity - Disciplinary meeting - Denials not accepted - Pre-prepared letter of dismissal - Procedural flaws in dismissal - Dismissal justified overall - ARREARS OF WAGES AND HOLIDAY PAY - Unpaid commission - Dispute as to rate at which commission payments to be calculated - Insufficient evidence of outstanding commission payments - Holiday pay owing on any unpaid commission payments - Interest payable on holiday pay - Level of arrears reserved - PENALTY - Failure to pay final wages until amount allegedly owing repaid to respondent - Failure contrary to Wages Protection Act 1983 despite amount owing - Significant penalty appropriate - Penalty appropriate for failure to provide holiday pay - Operations director |
| Result | Application granted (Arrears of wages and penalty) ; Application dismissed (Unjustified dismissal) ; Arrears of wages (Quantum reserved) ; Arrears of holiday pay (Quantum reserved) ; Interest (5.13 percent) ; Penalty ($4,000)(Crown)(Final pay) ; ($2,000)(Crown)(Holiday pay) ; Costs reserved |
| Statutes | ERA s135;ERA Second Schedule cl11;Holidays Act 1981 s3(1)(a);Wages Protection Act 1983 s4 |
| Number of Pages | 11 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |