| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 178/03 |
| Hearing date | 16 Dec 2003 |
| Determination date | 22 December 2003 |
| Member | P R Stapp |
| Representation | G Ogilvie, J Cleary ; G Bhana |
| Location | Wellington |
| Parties | Davey v Bhana |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Alleged non-payment of holiday pay and final wages - Alleged non-payment for 2 weeks' absence due to spider bite - Bite was injury outside workplace - No obligation to pay after first week - No arrears for absence due to injury - Arrears of wages for final 2 weeks established - Arrears of holiday pay established - UNJUSTIFIED DISMISSAL - Constructive dismissal - Serious misconduct - Workplace theft - Alleged contractor no longer accepted applicant on premises - Asked to resign or police would have been called - Dismissal unjustified - No contributory conduct - PENALTY - Failure to provide wage and time records - Failure to provide written employment agreement - Breaches established - Penalty of $500 for each breach - COSTS - Respondent hindered investigation meeting by failing to file statement in reply or obey directions - Costs amount sought modest - Reasonable contribution appropriate - GOOD FAITH - Respondent failed to assist investigation process |
| Result | Application granted ; Arrears of wages ($1,080)(2 weeks) ; Arrears of holiday pay ($1,175) ; Reimbursement of lost wages ($1,404)(2.6 weeks) ; Compensation for humiliation etc ($2,000) ; Penalty ($1,000)(Payable to Crown) ; Costs in favour of applicant ($1,500) |
| Statutes | ERA s64(3);ERA s130(4);ERA s181 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |