| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 127/03 |
| Hearing date | 4 Sep 2003 |
| Determination date | 05 September 2003 |
| Member | D Asher |
| Representation | I Hard ; No appearance |
| Location | Wellington |
| Parties | Keatch and Anor v Wellington Demolition Ltd |
| Other Parties | Sanders |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - No appearance by respondent - Alleged harsh treatment for refusing to work optional afternoon of work - Refused to allow overtime - Whether dismissed or resigned - Respondent conveyed that because of challenge to his authority employment was at end - Arbitrary decision - Constructive dismissal - Applicant's evidence preferred - ARREARS OF WAGES AND HOLIDAY PAY - Illegally deducted pay from final wages for 40 hours in lieu of notice - Monies illegally deducted due and owing - Holiday pay owing on amounts - Leave reserved on question of whether respondent correctly identified - Labourers |
| Result | Application granted ; Reimbursement of lost wages ($120)(Sanders) ; ($7,175)(Keatch) ; Compensation for humiliation etc ($10,000)(Sanders) ; ($10,000)(Keatch) ; Arrears of wages ($460)(Sanders) ; ($460)(Keatch) ; Costs reserved |
| Statutes | ERA s3;ERA s160(1)(f);ERA Second Schedule cl 2;Wages Protection Act 1983 s4 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |