| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 211/06 |
| Hearing date | 16 Jun 2006 |
| Determination date | 22 June 2006 |
| Member | M Urlich |
| Representation | C Feng (in person) ; no appearance |
| Location | Auckland |
| Parties | Feng v Chinese Times Group Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - No appearance for respondent - No written employment agreement - Applicant previously employed full time by respondent as chief editor - Moved into sales position at initiation of respondent - No evidence it was made clear to applicant that sales position part time or that salary would be reduced - Entitled to wage arrears - Commission sought on sales made in new position - Applicant could not expect commission payments until respondent received payment for advertisements - No evidence respondent received payments - Insufficient evidence to award commission - Holiday pay owing - UNJUSTIFIED DISMISSAL - Poor performance - Dismissal did not meet minimum requirements of fair process - Given short duration of employment and ability to secure alternative employment relatively quickly, applicant entitled to two weeks lost wages - COSTS - Applicant entitled to filing fee - Authority assisted by translator - Length of service 5ï¾½ months - Sales position |
| Result | Application granted in part ; Arrears of wages ($1,800) ; Arrears of holiday pay ($540) ; Reimbursement of lost wages ($900) ; Disbursements ($70)(Filing fee) |
| Statutes | ERA s65;ERA s131 |
| Number of Pages | 3 |
| PDF File Link: | aa 211_06.pdf [pdf 52 KB] |