| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 87/09 |
| Hearing date | 18 Dec 2008 |
| Determination date | 25 March 2009 |
| Member | J Wilson |
| Representation | C Morris (Applicant in person) ; No appearance |
| Location | Auckland |
| Parties | M v C NZ Ltd |
| Summary | UNJUSTIFIED DISMISSAL – No appearance for respondent – Applicant claimed employed by respondent until advised by respondent’s owners (“C”) in United States (“US”) that dismissed – C’s solicitor advised Authority had received statement of problem and advised C’s directors but received no instructions – C’s solicitor advised Authority acted for C’s directors but not respondent – Authority satisfied applicant’s documents properly served and C’s directors aware of applicant’s claims and Authority investigation – Authority found applicant’s inability to obtain US entry visa catalyst for dismissal – Found dismissal unjustified – Remedies – Found not within Authority’s power to order apology – Found applicant entitled to $8400 reimbursement of lost wages – Found American directors avoided communicating clearly with applicant to arrange dignified exit – Found $10000 compensation appropriate – ARREARS OF HOLIDAY PAY – Authority ordered respondent to pay applicant $4672 arrears of holiday pay Australia/New Zealand country manager |
| Result | Application granted ; Reimbursement of lost wages ($8,400) ; Compensation for humiliation etc ($10,000) ; Arrears of holiday pay ($4,672) ; Costs in favour of applicant ($470) ; Interest (5 percent) |
| Main Category | Personal Grievance |
| Statutes | ERA Clause 12 of Schedule 2;ERA s124 |
| Number of Pages | 7 |
| PDF File Link: | aa 87_09.pdf [pdf 26 KB] |