| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 485/05 |
| Hearing date | 17 Nov 2005 |
| Determination date | 15 December 2005 |
| Member | R Arthur |
| Representation | D Organ ; no appearance |
| Location | Auckland |
| Parties | Ward v SOS Plumbing and Gasfitting Ltd |
| Summary | UNJUSTIFIED DISMISSAL - No appearance by respondent - Applicant alleged operations manager passed on request from director that applicant stand down" for two weeks - Two weeks later operations manager rang applicant to tell her that operations manager had been dismissed, and that there was no job for applicant to return to - Applicant dismissed by being "sent away" and not being recalled to work - Dismissal by omission - Unjustified dismissal - Remedies - In absence of written employment agreement applicant entitled to reasonable notice of one week - Applicant unable to find another part-time job with hours suitable for home and family needs - Entitled to holiday pay earned in three weeks at work - PENALTY - Applicant sought penalties for failure to provide written employment agreement, reasonable notice and holiday pay - Penalties warranted but Authority declined to order any because respondent alleged it was technically insolvent and if there were funds available they were to go to applicant as remedies rather than to Crown as penalties - Office assistant" |
| Result | Application granted (unjustified dismissal) ; Reimbursement of lost wages ($540)(2 weeks plus 1 week in lieu of notice) ; Compensation for humiliation etc ($500) ; Arrears of holiday pay ($36.40) ; Costs reserved ; Disbursements in favour of applicant ($70)(filing fee) |
| Number of Pages | 3 |
| PDF File Link: | aa 485_05.pdf [pdf 17 KB] |