| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 359/06 |
| Hearing date | 7 Nov 2006 |
| Determination date | 28 November 2006 |
| Member | M Urlich |
| Representation | P Taufa ; no appearance |
| Location | Auckland |
| Parties | Taufa v Lo Contractors Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - No appearance by respondent - Applicant's unchallenged evidence accepted - No written employment agreement or pay slips - Applicant paid in cash - Claimed repeatedly queried irregular, and often short, payments with respondent - Applicant did not record hours or pay, but had pages from foreman's diary recording hours of work - Applicant had doubts about documents' accuracy but unable to specify concerns - Authority did not have enough information to determine arrears claim - Matter referred to Labour Inspectorate - Authority investigation into issue suspended - UNJUSTIFIED DISMISSAL - Personal grievance raised when respondent served with statement of problem - Requirements of s114 Employment Relations Act 2000 satisfied - Dismissed following exchange with respondent about wages owed and hours worked - Dismissal fell woefully short of expected standards of fair and reasonable employer - Applicant also had health and safety concerns about unsafe conditions of employment - Copy of determination to be referred to OSH - Remedies - Calculation of lost wages suspended pending outcome of Labour Inspectorate's investigation - Length of service five months |
| Result | Application granted (Unjustified dismissal) ; Compensation for humiliation etc ($6,000) ; Reimbursement of lost wages (3 months)(Calculation of quantum suspended) ; Application suspended (Arrears of wages and holiday pay) ; Orders accordingly ; No order for costs |
| Statutes | ERA s114;Holidays Act 2003;Minimum Wage Act 1983 |
| Number of Pages | 3 |
| PDF File Link: | aa 359_06.pdf [pdf 22 KB] |