| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 193/01 |
| Determination date | 21 November 2001 |
| Member | R A Monaghan |
| Representation | Benyamin in person ; No appearance |
| Location | Auckland |
| Parties | Benyamin v Square 1 Service Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL - No appearance for respondent - Observed argument between managing director and receptionist - Was told 20 minutes later to leave company within two weeks - Given no reason nor warning - Meeting next day regarding malfunctioning equipment for which applicant was responsible - Applicant verbally abused by managing director - Left the room and employment ended - No justification for dismissal - Employed on fixed term contract - Letter renewing contract for 3 months sent to respondent's business address - Whether remedies limited to term of contract - Doubt surrounding genuine nature of fixed term - Fixed term to determine standard of performance - Did not receive letter of renewal - Entitled to assume that contract extended for indefinite period - ARREARS OF WAGES AND HOLIDAY PAY - Respondent not entitled to withhold last pay - Holiday pay due and owing - Entitled to payment for 6 statutory holidays worked - Area manager |
| Result | Application granted ; Reimbursement of lost wages ($7,500)(3 months) ; Compensation for humiliation etc ($2,500) ; Arrears of wages ($576.92) ; Arrears of holiday pay ($688.80) ; Arrears of statutory holiday pay ($673.07)(6 days) ; Disbursements in favour of applicant ($70)(Filing fee) ; No order for costs |
| Statutes | ERA s66;ERA Second Schedule cl12 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |