| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 81/04 |
| Hearing date | 17 Feb 2004 |
| Determination date | 08 March 2004 |
| Member | L Robinson |
| Representation | T Wotherspoon ; P Wallace |
| Location | Auckland |
| Parties | Hakim v Karavan t/a Aga Restaurant |
| Summary | UNJUSTIFIED DISMISSAL - Order made with respondent's consent amending name of respondent - Difficulties with 2 for 1 promotional scheme - Heated conversations between applicant and respondent over issue - Respondent concerned vouchers being reused and staff stealing money - Respondent took justifiable security measures - Further heated discussion was culmination of series of difficult discussions - Respondent swore at applicant and made abusive and racial comments - Unjustified constructive dismissal - Remedies - No contributory conduct - ARREARS OF WAGES AND HOLIDAY PAY - Respondent refused to pay final wages when requested by applicant - Arrears of wages and holiday pay due and owing |
| Result | Application granted ; Reimbursement of lost wages ($9,500)(19 weeks) ; Compensation for humiliation etc ($4,000) ; Arrears of wages and holiday pay ($3,613.70) ; Orders accordingly ; Costs reserved |
| Statutes | ERA s221 |
| Cases Cited | Business Distributors Ltd v Patel [2001] ERNZ 124;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448;Wellington Drivers' Union v Fletcher Construction Co Ltd [1983] ACJ 663 |
| Number of Pages | 9 |
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