| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 57/08 |
| Hearing date | 1 May 2008 |
| Determination date | 07 May 2008 |
| Member | P R Stapp |
| Representation | A support person ; O"" |
| Location | Wellington |
| Parties | A v R |
| Summary | PRACTICE AND PROCEDURE - Name of parties and representatives subject to non-publication order to protect identity of applicant - Evidence relating to complaint against co-worker also subject to non-publication order - Leave reserved for variation of non-publication orders if required - ARREARS OF WAGES - Identity of employer - Applicant employed by respondent using trading name - Respondent no longer trading but not struck off Companies Register - No indication liabilities taken over by third party when business sold - No written employment agreement or proper wage and time records - Applicant’s evidence of amount owing accepted - Arrears due and owing - UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Applicant suspended after laid complaint with Police about co-worker - No reason for suspension and no fair process - Applicant disadvantaged as not paid while suspended and employment subsequently ended - Had no further contact with respondent and unaware business to be sold - Later saw new signs being put up at workplace - Dismissal unjustified - Remedies - Lost wages limited by sale of business - Entitled to 4 weeks notice |
| Result | Application granted ; Reimbursement of lost wages ($750) ; Compensation for humiliation etc ($7,500) ; Arrears of wages ($1,874.18) ; Orders accordingly ; Disbursements ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | wa 57_08.pdf [pdf 28 KB] |