| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 268/07 |
| Hearing date | 29 Aug 2007 |
| Determination date | 30 August 2007 |
| Member | L Robinson |
| Representation | G Burness ; no appearance |
| Location | Auckland |
| Parties | Waipouri v Rightside Properties Ltd |
| Summary | UNJUSTIFIED DISMISSAL - No appearance for respondent - Applicant's evidence unchallenged - - Applicant rented room at respondent's hotel, and initially voluntarily assisted with maintenance - Respondent's director and applicant subsequently agreed applicant would perform work - Agreed rent for room to be deducted from wages - No written employment agreement - Not paid weekly wages - Applicant advised director was to meet with WINZ about alternative employment - Unknown to applicant, director secured subsidy agreement with WINZ - Applicant told to move on" when asked why wages not paid - Subsidy scheme intended to assist applicant into full time work - Agreement corroborated applicant in full time employment with respondent - Applicant unaware of respondent's existence - Authority satisfied director acted as agent of respondent and failed to disclose his agency as principal - Director's sending away constituted dismissal - Actions not those of fair and reasonable employer - Dismissal unjustified - Remedies - Given required to show efforts to find employmet as condition of unemployment benefit, Authority satisfied applicant mitigated losses - Actual loss awarded - Cleaner/security" |
| Result | Application granted ; Reimbursement of lost wages ($11,050)(25 weeks) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 5 |
| PDF File Link: | aa 268_07.pdf [pdf 22 KB] |