| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 297/07 |
| Hearing date | 21 Aug 2007 |
| Determination date | 25 September 2007 |
| Member | D King |
| Representation | J McTaggart (in person) ; N Witehira |
| Location | Auckland |
| Parties | McTaggart v N & M Witehira Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant dismissed as would not agree to reduction in hourly rate – Respondent also alleged performance issues – No written employment agreement - Applicant employed on understanding high hourly pay rate conditional on generating agreed level of turnover – Parties agreed to review arrangement after three months – After three months, original conditions rolled over for another three months – Applicant did not achieved agreed turnover – Second review meeting held and applicant given employment agreement containing one month probationary period and reduced hourly rate – Applicant did not accept changes – Declined subsequent offer to remain on higher rate as manager and made counter offer – Respondent found counter offer completely unsatisfactory and dismissed applicant – While applicant's original pay rate conditional upon turnover, no agreement as to consequences if condition not satisfied, only agreed to review rate – Respondent not entitled to dismiss applicant because did not agree to reduced rate - Applicant not given notice employment at risk – Manner of dismissal unfair – Dismissal unjustified – Remedies – Applicant given time to supply further medical evidence in support of claim for lost wages – Remedies reserved - ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed final pay incorrect and respondent made him change rostered days to avoid working on public holidays – Complained denied opportunity to be paid time and half – Arrears due and owing – Respondent overpaid holiday pay - Overpayment to be deducted from arrears - Hairdresser |
| Result | Application granted ; Remedies for unjustified dismissal reserved ; Orders accordingly ; Arrears of wages ($80) ; Arrears of holiday pay ($138.68) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 6 |
| PDF File Link: | aa 297_07.pdf [pdf 22 KB] |