| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 199/06 |
| Hearing date | 16 May 2006 |
| Determination date | 09 June 2006 |
| Member | D King |
| Representation | F Sabbineni ; N Sharma (in person) |
| Location | Auckland |
| Parties | Laker v Sharma t/a Nick's Cafe |
| Summary | UNJUSTIFIED DISMISSAL - Applicant dismissed by cafe manager in circumstances that clearly rendered dismissal unjustifiable - Dismissal sudden and effected second hand via phone call - Respondent denied responsibility for dismissal and claimed it was manager's responsibility - Identity of employer - Applicant had no knowledge of respondent's company - Respondent was employer - As employer, respondent liable for unjustified dismissal of his employee - Respondent told Authority he did not provide employment agreements - Remedies - Lost wages calculated to date cafe closed - ARREARS OF HOLIDAY PAY - Respondent failed to supply Authority with time and wage records despite giving undertaking to do so - Holiday pay due and owing - Interest payable on amount at 90-day bill rate plus two percent - Length of service 32 weeks - Cafe assistant |
| Result | Application granted ; Reimbursement of lost wages ($391.89)(7 weeks) ; Compensation for humiliation etc ($2,000) ; Arrears of holiday pay ($107.49) ; Interest (90-day bill rate plus 2%) ; Costs reserved |
| Number of Pages | 2 |
| PDF File Link: | aa 199_06.pdf [pdf 35 KB] |