| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 41/04 |
| Hearing date | 28 Jan 2004 |
| Determination date | 02 February 2004 |
| Member | L Robinson |
| Representation | K Nicolson ; No appearance |
| Location | Auckland |
| Parties | Walsh v Future Proof Industries Ltd |
| Summary | UNJUSTIFIED DISMISSAL - No appearance for respondent - Summary dismissal - Called into manager's office and dismissed - Threatened with trespass notice - Dismissal unjustified - Counterclaim - Alleged damage to respondent's vehicle - No evidence offered to substantiate claim - ARREARS OF HOLIDAY PAY - Failure to pay final holiday pay - Arrears due and owing - COSTS - One hour investigation meeting - Sought contribution of $3,000 to total costs of $7,550 - Amount sought not reasonably incurred as included costs for mediation - Reasonable costs amounted to $3,000 - Reasonable contribution appropriate - Plasterer |
| Result | Application granted ; Reimbursement of lost wages ($9,230.40)(1 month 3 weeks) ; Compensation for humiliation etc ($2,000) ; Arrears of holiday pay ($1,532.02) ; Interest (7.5 percent) ; Costs in favour of applicant ($1,000) |
| Statutes | ERA Second Schedule cl11 |
| Cases Cited | Scurrah v Second Sight Ltd unreported, R Mirkin, 24 December 2001, AT 186/01;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448;Wellington Road Transport etc IUOW v Fletcher Construction Co Ltd [1982] ACJ 663 |
| Number of Pages | 7 |
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