| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 125/05 |
| Hearing date | 3 Dec 2004 |
| Determination date | 11 April 2005 |
| Member | K J Anderson |
| Representation | M MacDonald (in person) ; S Summers |
| Location | Auckland |
| Parties | MacDonald v Summerbilt Products Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Performance issues - Concerns by applicant about terms of employment - Applicant slipped from back of workplace vehicle and injured elbow - Certified unfit to work and received ACC payments - Acrimonious interactions between parties during applicant’s absence from work - Alleged dismissal - Unsuccessful mediation to resolve issues after which respondent confirmed in writing that applicant still employed - Applicant informed respondent short time later of likely return date - Further hostilities - No recommencement of work - Belief that dismissed mistaken - Parties mutually agreed to parting of ways due to incompatibility - No personal grievance - ARREARS OF WAGES AND HOLIDAY PAY - Applicant entitled to payment for first week of absence due to injury - Holiday pay due and owing - No evidence of sales to support claim for commission payments - Claim for payment of wages for week following stated likely return date declined - Claim that reasonably contemplated return to work on that date fanciful in light of complete and irreparable breakdown in employment relationship - COSTS - Applicant entitled to filing fee despite failure of personal grievance as should not have been necessary to litigate for arrears of wages and holiday pay - Sales representative |
| Result | Application dismissed (Unjustified dismissal) ; Application granted in part (Arrears of wages and holiday pay) ; Arrears of wages ($480.77 gross)(1 week) ; Arrears of holiday pay ($90.70) ; No order for costs ; Disbursements ($70)(Filing fee) |
| Statutes | ERA s67;Holidays Act 2003 |
| Number of Pages | 6 |
| PDF File Link: | aa 125_05.pdf [pdf 34 KB] |