| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 101/05 |
| Hearing date | 10 Mar 2005 - 24 May 2005 (2 days) |
| Determination date | 21 June 2005 |
| Member | P R Stapp |
| Representation | J Moore ; S Underwood |
| Location | Wellington |
| Parties | Brown v Autobuy 2000 Ltd |
| Summary | ARREARS OF HOLIDAY PAY - No written employment agreement - Applicant alleged parties agreed on four weeks' annual leave - Respondent agreed to four weeks' annual leave conditional on negotiation of employment agreement - No agreement reached - Applicant entitled to three weeks' annual leave - Respondent had tried to offset outstanding holiday pay with advance given to applicant for expenses - No written authority for deduction - Outstanding holiday pay calculated - Leave reserved for parties to return if agreement on expenses and advance set-off not reached - UNJUSTIFIED DISMISSAL - Serious misconduct - During course of employment relationship parties reached mediated settlement - Day after settlement signed respondent wrote to applicant informing him of investigation into alleged serious misconduct - At disciplinary meeting applicant admitted he had been selling window card wallets on behalf of another company without prior approval - Summarily dismissed - Applicant alleged respondent should have raised matter of wallets during settlement process - Respondent entitled to carry out preliminary investigation before putting matter to applicant - Reason for dismissal was using respondent's time and expenses to sell product for another company - Applicant's admission enough for respondent to rely upon - Dismissal justified - COSTS - Applicant modestly successful - Length of investigation meeting not specified - Some costs should follow event |
| Result | Application granted (Arrears) ; Arrears of holiday pay ($853.84) ; Application dismissed (Unjustified dismissal) ; Costs in favour of applicant ($250) ; Filing fee ($70) |
| Number of Pages | 8 |
| PDF File Link: | wa 101_05.pdf [pdf 37 KB] |