| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 257/04 |
| Hearing date | 9 Jul 2004 |
| Determination date | 13 August 2004 |
| Member | K Raureti |
| Representation | TP Gravatt (in person) ; S McLeod |
| Location | Auckland |
| Parties | Gravatt v Autoways Ltd and Ors |
| Other Parties | Radisich, Ron McDonald Ltd t/a Autoways LMVD, Ras International Ltd t/a Evolution Motors LMVD |
| Summary | UNJUSTIFIED DISMISSAL - Respondent told applicant and co-workers that one of them had to work as farm labourer for rest of week - Told one of them had to go or be dismissed - Demand that one of the car groomers go work on farm or be fired amounted to unjustified termination of applicant's employment - Unjustified dismissal - ARREARS OF WAGES AND HOLIDAY PAY - Not paid last week's wages or any holiday pay - Wages and holiday pay due and owing - No written employment agreement - Remedies - No mitigation of loss so no reimbursement of lost wages - Car groomer |
| Result | Application granted ; Compensation for humiliation etc ($500) ; Arrears of wages ($390) ; Arrears of holiday pay ($72.30) ; Costs to lie where they fall ; Disbursements in favour of applicant ($70)(Filing fee) |
| Statutes | ERA s60(b);ERA s64;ERA s64(2);ERA s65(1);ERA s65(2);Holidays Act 1981 s21;Holidays Act 1981 s21(4);Wages Protection Act 1983 s4 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |