| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 381/08 |
| Hearing date | 19 Aug 2008 |
| Determination date | 06 November 2008 |
| Member | V Campbell |
| Representation | M Swarbrick ; C Pidduck |
| Location | Hamilton |
| Parties | Downey v TEG Enterprises Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant claimed unjustifiably dismissed from permanent part-time position - Respondent claimed applicant casual employee and denied dismissed applicant - First issue whether applicant casual or permanent employee - Applicant worked regular rostered hours but paid in cash at end of each day - Authority found applicant employed with intention of being permanent employee and on permanent roster - No evidence applicant free to accept or reject work - Applicant permanent employee - Second issue whether applicant unjustifiably dismissed - Respondent received number of complaints about service while applicant on sick leave - Believed cause of complaints was applicant’s absence - Respondent advised by two other employees that applicant’s absences due to other employment commitments - On return to work applicant advised no longer required as unreliable - Authority found applicant not told of other employees’ comments and given no opportunity to respond to reasons for dismissal - No full and fair investigation and actions not those of fair and reasonable employer - Dismissal unjustified - Remedies - No proper wage and time records kept - Authority preferred applicant’s evidence of days worked - Authority did not accept respondent’s calculation of applicant’s pay - Authority concluded applicant underpaid for each hour worked - Applicant to be paid arrears of wages - Authority satisfied applicant attempted to mitigate loss - 12 weeks lost remuneration awarded - Applicant awarded $2,000 compensation for hurt and humiliation caused by manner of dismissal - Restaurant employee |
| Result | Application granted ; Arrears of wages ($30.70) ; Reimbursement of lost wages ($3,280.50) ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 7 |
| PDF File Link: | aa 381_08.pdf [pdf 34 KB] |