Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 176/04
Hearing date 16 Dec 2003
Determination date 18 May 2004
Member K Raureti
Representation H Crawley (In person) ; B Doyle
Location Auckland
Parties Crawley v Brian Boru Backpackers Ltd
Summary UNJUSTIFIED DISMISSAL - Alleged applicant was offered management position at backpackers which included accommodation - Alleged six days later she was summarily dismissed - Respondent alleged applicant never employed but merely invited to backpackers then left without explanation - Respondent offered employment over phone which applicant accepted - Termination more likely to have occurred in way described by applicant - Dismissal unjustified - ARREARS OF WAGES AND HOLIDAY PAY - Agreed pay rate less than minimum wage - Arrears calculated at minimum wage less 15 percent for board and 10 percent for lodging - Backpackers hostel and restaurant manager
Result Application granted ; Arrears of wages and holiday pay (6 days)($254.48) ; Reimbursement of lost wages (2 weeks)($952) ; Compensation for humiliation, etc ($1,500) ; Costs to lie where they fall ; Filing fee ($70)
Statutes ERA s6(1)(a);Minimum Wage Amendment Act 1991
Number of Pages 5
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