| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 90/04 |
| Hearing date | 7 Jul 2004 |
| Determination date | 22 July 2004 |
| Member | D Asher |
| Representation | J Smith ; G Paine |
| Location | Wellington |
| Parties | Maraki v Birthright (Palmerston North) Inc |
| Summary | UNJUSTIFIED DISMISSAL - Oral employment agreement - Casual worker contracted to work up to 8 hours per week on overs and unders system" - Applicant had baby and alleged expected to return to work - Respondent alleged applicant resigned in note saying "14 August, Last Day Work" - Note not resignation but advice as to expected date of birth - Respondent restructured applicant's position without notice - Required to give applicant notice of and consult about impending change because of regularity of casual employment and good faith obligations - Dismissal unjustified because of purported reliance on non-existent resignation - Remedies - No entitlement to claim lost wages - Impact of abrupt decision to cease payment of wages in context of premature arrival of child taken into account - Prior allocation of community funding and donations received not a ground to deny applicant of lawful entitlements - ARREARS OF WAGES AND HOLIDAY PAY - Respondent calculated accumulated hours in lieu as 69 hours - Alleged monies owed paid by giving two $170 grocery vouches and $100 wages for time not worked over Christmas - Entitled to remuneration for hours properly worked - No evidence of applicant receiving holiday pay - Monies due and owing - Voluntary organisation support worker" |
| Result | Application granted ; Compensation for humiliation, etc ($3,000) ; Arrears of wages (69 hours) ; Holiday pay (Quantum to be determined) ; Costs reserved |
| Statutes | ERA s4(4)(d);ERA s4(4)(e) |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |