| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 352/04 |
| Hearing date | 12 Oct 2004 |
| Determination date | 01 November 2004 |
| Member | J Scott |
| Representation | A Goldman ; D McGill |
| Location | Auckland |
| Parties | Goldman v Zone Holdings Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether casual employee - Alleged unjustifiably suspended when taken off roster and then dismissed when not put back on roster - Permanent part-time employee - Employment had characteristics of regularity and continuity that meant was permanent part-time employee - Unjustified dismissal - ARREARS OF HOLIDAY PAY - Arrears of holiday pay due and owing - Lane Host |
| Result | Application granted ; Arrears of holiday pay (Quantum to be determined) ; Reimbursement of lost wages ($1,215.50)(13 weeks) ; Compensation for humiliation etc ($1,500) ; No order for costs ; Disbursements in favour of applicant ($70)(Filing fee) |
| Statutes | ERA s65;ERA s66 |
| Cases Cited | Avenues Restaurant Ltd (t/a Avenues Restaurant & Wine Bar) v Northern Hotel etc IUOW [1991] 1 ERNZ 420;Barnes (formerly Kissell) v Whangarei Returned Services Association (Inc) [1997] ERNZ 626;Canterbury Hotel, Hospital etc IUOW v Fell (t/a as Leeston Hotel) [1982] ACJ 285;Schofield Airport Gateway Hotel Ltd v Clarke [1998] 3 ERNZ 629 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |