| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 265/06 |
| Hearing date | 10 Aug 2006 |
| Determination date | 14 August 2006 |
| Member | V Campbell |
| Representation | G O'Brien ; No appearance |
| Location | Auckland |
| Parties | Robinson v Gills Cleaning Services |
| Summary | UNJUSTIFIED DISMISSAL - Summary dismissal - No appearance for respondent - Satisfied respondent served notice of investigation meeting - At time of drafting of determination, respondent had not contacted Authority - Applicant initially employed to work five day shifts - After several months agreed to increase of wages and hours - Began working additional hours on nights and weekends - Advised respondent could not work nights as number of hours impacted on her health - Told expected to do extra hours and if not prepared to, not to bother coming back" - Applicant's day shift hours decreased - New employee given work previously undertaken by applicant - Not paid wages and approached respondent for explanation - Applicant gave evidence respondent asked her to write resignation, she refused and wrote down respondent was trying to get her to resign - Told was liar and fired - Authority satisfied applicant dismissed - Respondent sent applicant away - Not actions of fair and reasonable employer - Unjustified dismissal - ARREARS OF WAGES AND HOLIDAY PAY - Arrears of wages and holiday pay due and owing - Applicant directed to serve copy of determination on respondent - Length of service two years four months - Cleaner" |
| Result | Application granted ; Reimbursement of lost wages ($287)(Arrears and holiday pay) ; Compensation for humiliation etc ($3,000) ; Orders accordingly ; Costs reserved |
| Statutes | ERA Second Schedule cl12 |
| Number of Pages | 4 |
| PDF File Link: | aa 265_06.pdf [pdf 24 KB] |