| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 2/04 |
| Hearing date | 9 Jan 2004 |
| Determination date | 16 January 2004 |
| Member | P R Stapp |
| Representation | D McLeod ; No appearance |
| Location | Napier |
| Parties | Hall v Installer Services (Hawkes Bay) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - No appearance for respondent - Serious misconduct - Purchased franchise - Became shareholder and managing director of respondent - Role as managing director meant applicant employee - Accused of theft and suspended until investigation carried out - Letter sent terminating employment - Applicant purported to resign - Dismissed before resignation - Reasons for dismissal unclear and allegations not fully investigated - Dismissal unjustified - ARREARS OF WAGES AND HOLIDAY PAY - Alleged company director unilaterally halved salary - Not paid full salary - Not paid wages and holiday pay when dismissed - Monies due and owing |
| Result | Application granted ; Reimbursement of lost wages ($7,423)(13 weeks) ; Compensation for humiliation etc ($7,000) ; Arrears of wages ($4,265.92) ; Arrears of holiday pay ($1,906.47); Costs in favour of applicant ($2,070) |
| Statutes | ERA s123(b);ERA s124;ERA s128;ERA s131;ERA Second Schedule cl12 |
| Number of Pages | 11 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |