| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 199/05 |
| Hearing date | 2 May 2005 |
| Determination date | 30 May 2005 |
| Member | D King |
| Representation | J Coyle ; S Tong |
| Location | Auckland |
| Parties | Buer v Yuan Cheng International Investment Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Respondent’s version of events “utter fabrication” - Applicant employed as PA for director of respondent for $1,200 per week after tax – Worked for some of that time as nanny for director’s children – After first week was expected to work longer hours than contracted for – Applicant was told director had decided not to continue with her agreement – Agreement breached on number of occasions – Unjustified dismissal - ARREARS OF WAGES AND HOLIDAY PAY – Underpaid for the four week period by $600 - Monies due and owing to applicant – Arrears of holiday pay due and owing of $288 – Interest 7 percent - PENALTY – No jurisdiction to award penalty for breach of s120 Employment Relations Act 2000 – Unable to award penalty for breach of s130 since not commenced within 12 months after cause of action arose - Failure to provide written employment agreement – Respondent to pay $7,000 for breach of s64(2) ERA |
| Result | Application granted ; Arrears of wages ($600)(Underpayment of wages) ; Arrears of holiday pay ($288) ; Interest (7 percent) ; Reimbursement of lost wages ($55,108.34) (12 Months) ; Compensation for humiliation etc ($5,000) ; Penalty ($7,000)($4,000 to applicant, $3,000 to Crown) ; Costs reserved |
| Statutes | ERA s64;ERA s65;ERA s120(2);ERA s130;ERA s133(1);ERA s135 |
| Number of Pages | 6 |
| PDF File Link: | aa 199_05.pdf [pdf 33 KB] |