| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 59/05 |
| Hearing date | 12 Apr 2005 |
| Determination date | 13 April 2005 |
| Member | D Asher |
| Representation | G Ogilvie ; B Hussain (in person) |
| Location | Wellington |
| Parties | Sagar v Hussain t/a Curry Village Indian Restaurant, Porirua |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Respondent accepted that wages and holiday pay due and owing - Respondent had attempted to set-off personal debt owed by applicant with applicant's holiday pay - No agreement between parties which would legally permit set-off - Applicant conceded personal debt of $1,500 owing to respondent - Debt deducted from holiday pay - UNJUSTIFIED DISMISSAL - Serious misconduct - Dismissed for misbehaviour and misconduct towards co-worker - No written evidence of previous warnings for fighting and arguing with co-worker - Incident between applicant and co-worker was disagreement possibly involving raised voices but not physical assault - Dismissal unjustified - Remedies - Shock and surprise at dismissal made worse by applicant's wife's pregnancy, and requirement by respondent that applicant immediately vacate accommodation - No contributory conduct - Chef |
| Result | Application granted ; Arrears of wages ($300) ; Arrears of holiday pay ($300); Reimbursement of lost wages ($2,280) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Number of Pages | 7 |
| PDF File Link: | wa 59_05.pdf [pdf 26 KB] |