| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 183/05 |
| Hearing date | 31 Mar 2005 |
| Determination date | 18 May 2005 |
| Member | K J Anderson |
| Representation | T Oldfield ; JL Fenandos |
| Location | Auckland |
| Parties | Toloke v Logan & Associates NZ Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Respondent took over ownership of rest home where applicant worked - Respondent alleged applicant abandoned employment following receipt of a final written warning - Applicant was dismissed after being accused of taking food from kitchen - Respondent produced letter he alleged was written by previous owner - Previous owner confirmed she had not written letter - Letter fraudulently written in attempt to mislead Authority - Respondent also produced written warning allegedly given to applicant - Suspected warning also constructed by respondent to justify actions - Accepted applicant never received warnings - Respondent also produced written statement allegedly by registered nurse/manager at the time - Doubted the person respondent said was registered nurse/manager ever worked at rest home - Dismissal procedurally and substantively unjustified - Remedies - No evidence of lost wages - PENALTY - Alleged failure to provide wage and time records - Difficult to establish where responsibility lay since change in ownership - ARREARS OF WAGES AND HOLIDAY PAY - Respondent to pay applicant two days wages - No evidence as to holiday pay due and owing and uncertainty as to whether respondent was liable - Applicant could make complaint with Labour Inspector if wished - Caregiver |
| Result | Application granted (Unjustified dismissal) ; Compensation for humiliation etc ($6,000) ; Arrears of wages ($168)(2 days) ; Application dismissed (Penalty) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Number of Pages | 5 |
| PDF File Link: | aa 183_05.pdf [pdf 28 KB] |