| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 302/05 |
| Hearing date | 24 May 2005 |
| Determination date | 11 August 2005 |
| Member | D King |
| Representation | H Russ ; K Stretton |
| Location | Auckland |
| Parties | Parker v Colosimo and Anor |
| Other Parties | Taffy's Bar Ltd t/a The Kingsley Jones |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Identity of employer - Given the statutory obligation to make it clear who employer was, first respondent could not hide behind an inadequate document and say it was an entity who was unknown to applicant - First respondent was employer - Applicant would have been entitled to treat employment as terminated when wages not paid - However turned up to work and was told were working on a skeleton staff and to come back the following week - Were financial difficulties - The following week police told staff they were trespassing and asked them to leave - Hard to think of more disrespectful way of terminating employment relationship - Absolute failure to keep staff informed and total lack of consideration for their feelings - As business continued to trade, not redundancy - Unjustified dismissal - ARREARS OF WAGES AND HOLIDAY PAY - Arrears due and owing - Interest 7 percent - PENALTY - Failure to keep time and wage records in required format - Not supplied when requested - Penalty $3,000 to Crown and $1,000 to applicant - Kitchen hand |
| Result | Application granted ; Arrears of wages and holiday pay ($306.25) ; Interest (7 percent) ; Reimbursement of lost wages ($1,869.78) ; Compensation for humiliation etc ($6,000) ; Penalty ($3,000)(To Crown) ; ($1,000)(To applicant) ; Costs reserved |
| Statutes | ERA s65(2)(a)(i);ERA s130 |
| Cases Cited | Inspector of Awards & Agreements v Ngati Awa Trust [1988] NZILR 806;McManus v University of Otago [1985] ACJ 219;Mehta v Elliott (Labour Inspector) [2003] 1 ERNZ 451;NZ Building Trades Union v Dallimore [1991] 1 ERNZ 252;NZ Insurance etc IUOW v Parsons and Hobdell (T/a The Insurance Centre) [1988] NZILR 547 |
| Number of Pages | 7 |
| PDF File Link: | aa 302_05.pdf [pdf 45 KB] |