| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 203/08 |
| Hearing date | 22 May 2008 |
| Determination date | 10 June 2008 |
| Member | V Campbell |
| Representation | H Russ ; no appearance |
| Location | Tauranga |
| Parties | Ross v 123 Metals Ltd formerly Cash for Scrap Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - No attendance by respondent - No written employment agreement - Applicant not paid for two days absent from work due to work related accident - Receiving ACC - Entitled to 80% of normal pay for days absent - Arrears due and owing - UNJUSTIFED DISMISSAL - Applicant alleged instructed to continue working outside usual hours or be dismissed - Applicant refused to continue working and left premises - Returned to work following day and told dismissed - Dismissal unjustified - PENALTY - Applicant sought penalty for failure to provide written employment agreement or wage and time records - Respondent eventually met obligations with respect to provisions of records - Penalty for failure to provide employment agreement appropriate - COSTS - Applicant sought costs of $4,050 - Matter not complex and costs reasonable - $1,000 contribution appropriate - Driver |
| Result | Application granted ; Reimbursement of lost wages ($2,885.41)(Three months less earnings) ; Compensation for humiliation etc ($3,000) ; Arrears of wages ($198) ; Arrears of holiday pay ($1,411.08) ; Penalty ($1,000)(Payable to Crown) ; Costs ($1,000) ; Disbursements ($319.20) |
| Main Category | Personal Grievance |
| Statutes | ERA s65;ERA s131;ERA Second Schedule cl12 |
| Number of Pages | 6 |
| PDF File Link: | aa 203_08.pdf [pdf 34 KB] |