| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 87/08 |
| Hearing date | 1 Jul 2008 |
| Determination date | 03 July 2008 |
| Member | P Cheyne |
| Representation | G Galbraith (in person) ; P Burger |
| Location | Motueka |
| Parties | Galbraith v Hopkinson |
| Summary | ARREARS OF HOLIDAY PAY - Applicant claimed upaid holiday following dismissal - Respondent accepted holiday pay owing but argued would pay when could - Applicant made claim after no actual payment made - Respondent's partner and oberver attended investigation meeting on behalf of respondent - Respondent argued agreement to build holiday pay into weeekly wage - Authority found no evidence to support respondent's argument and accepted applicant's argument no such agreement reached - Authority found $991.90 holiday pay owing to applicant - Applicant received $50 cheque and proposal to pay holiday pay in installments from respondent day before investigation meeting - Applicant did not accept proposal - Authority ordered respondent to pay applicant $991.90 and cheque to constitute part payment if presented and honoured - UNJUSTIFIED DISMISSAL - Redundancy - Authority found respondent financially unsuccessful - Found respondent sent text message to applicant stating could no longer afford to employ applicant - Applicant given cheque for wages and discussed redundancy with respondent's partner - Authority found totality of communications with applicant amounted to sending away - Authority found applicant not given notice or paid in lieu - Found communication regarding respondent's financial situation could have been better handled - Dismissal unjustified - Remedies - Authority found genuine redundancy as respondent could not afford to pay applicant - Found genuine redundancy meant no recovery of lost wages - Found applicant entitled to payment in lieu of notice - Authority found seemed applicant content with recovering holiday pay and grievance raised to encourage prompt payment - Authority found applicant no significant hurt or humiliation because of grievance - Found genuineness of redundancy meant no recovery for distress arising through loss of employment - Found low award appropriate as applicant annoyed by circumstances of dismissal - Found $1,000 compensation appropriate - Strawberry farm worker |
| Result | Application granted ; Reimbursement of lost wages ($900)(2 weeks notice) ; Arrears of holiday pay ($991.90) ; Compensation for humiliation etc ($1,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 4 |
| PDF File Link: | ca 87_08.pdf [pdf 18 KB] |