| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 54/09 |
| Hearing date | 18 Feb 2009 |
| Determination date | 18 February 2009 |
| Member | D King |
| Representation | D Law ; no appearance |
| Location | Auckland |
| Parties | Joyce v Cotton t/a Emerson Breakdown Service |
| Summary | UNJUSTIFIED DISMISSAL – No written employment agreement – No appearance for respondent – Authority’s decision based on applicant’s evidence – Applicant claimed heard rumours that respondent going to terminate employment but nothing said to applicant – Respondent told applicant not to worry about wages as just quiet period – Applicant telephoned respondent to enquire about wages and was told no longer had job and had been given notice two weeks prior – Applicant claimed given no notice – Authority found dismissal unjustified – Remedies – Authority satisfied applicant entitled to notice period, reimbursement of lost wages and compensation for humiliation etc - ARREARS OF HOLIDAY PAY – Wage and time records requested but not supplied - Applicant unsure how much annual leave taken, but claimed owed at least four weeks’ annual leave – Authority satisfied four weeks’ annual leave owing - COSTS – Authority found applicant’s costs reasonable - Respondent to pay applicant’s full costs plus filing fee - Breakdown service technician |
| Result | Application granted ; Reimbursement of lost wages ($2,400)(three weeks plus one week in lieu of notice) ; Compensation for humiliation etc ($4,000) ; Arrears of holiday pay ($2,400) ; Costs in favour of applicant ($1,250) ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Personal Grievance |
| Number of Pages | 3 |
| PDF File Link: | aa 54_09.pdf [pdf 14 KB] |