| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 174/05 |
| Hearing date | 9 Feb 2005 - 7 Mar 2005 (3 days) |
| Determination date | 11 May 2005 |
| Member | M Urlich |
| Representation | TW Kwon ; B Kang |
| Location | Auckland |
| Parties | Lee v Ryu International Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant off work ill - When advised could resume duties was dismissed - Respondent alleged did not think applicant fully recuperated - Applicant's return to work was conditional on his being fully fit - Condition clearly communicated to applicant - Not unreasonable condition given excessive work hours - Satisfied applicant had fulfilled that condition but not allowed to return to work - Dismissal - Applicant's employment was separate arrangement to his shareholder status - Respondent did not have reasonable basis to reject applicant's doctor's advice that applicant able to return to work - Took no steps to request more information and did not discuss with applicant reasons for believing he was unfit to return to work - Dismissal unjustified - ARREARS OF WAGES - Applicant worked 97 hours per week - Hourly rate worked out by dividing salary by 97 hours per week - Wages owed under Minimum Wages Act 1983 - Arrears of holiday pay due and owing - Shopkeeper |
| Result | Application granted ; Reimbursement of lost wages ($3,298)(4 weeks) ; Compensation for humiliation etc ($6,000) ; Arrears of wages ($12,371)(Under Minimum Wages Act) ; Arrears of holiday pay ($3,663.50) ; Costs reserved |
| Cases Cited | Lang v Eagle Airways Ltd [1996] 1 ERNZ 574 |
| Number of Pages | 6 |
| PDF File Link: | aa 174_05.pdf [pdf 35 KB] |