| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 88/09 |
| Hearing date | 27 Jan 2009 |
| Determination date | 26 March 2009 |
| Member | M Urlich |
| Representation | B Thakorlal (Applicant in person) ; No appearance |
| Location | Auckland |
| Parties | Thakorlal v Valkerie Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - No appearance for respondent - Applicant sought to raise grievance out of time - Authority found exceptional circumstances for delay - Found respondent failed to provide written employment agreement including explanation of employment problem dispute resolution process - UNJUSTIFIED DISMISSAL - Redundancy - Respondent experiencing financial difficulties - Applicant informed respondent to cease weekend trading and applicant no longer had job - Authority found while redundancy for genuine economic reasons procedurally unfair - Dismissal unjustified - Remedies - As genuine redundancy claim no award for reimbursement of lost wages - Compensation of $500 appropriate - ARREARS OF WAGES - Applicant claimed owed payment for two days sick leave - Respondent claimed applicant did not provide medical certificate for second day and failed to properly notify respondent prior to absence - Authority found no written employment agreement requiring medical certificate - Found applicant took reasonable steps to notify respondent - Respondent to pay applicant sum owed - No dispute respondent owed applicant three days bereavement leave - Respondent to pay applicant sum owed - Respondent accepted applicant’s entitlement to minimum wage adjustment outstanding - Respondent to pay applicant sum owed - Authority found insufficient evidence to support applicant’s claim for overtime payments or Christmas bonus - ARREARS OF HOLIDAY PAY - Respondent accepted applicant’s annual leave entitlement outstanding - Matter referred to Labour Inspectorate for calculation - Applicant claimed owed payment for public holidays - Authority found applicant’s hours did not establish pattern of work other than on weekends - Application dismissed - Shop assistant |
| Result | Applications granted (raising personal grievance)(unjustified dismissal)(arrears of wages - sick and bereavement leave)(Arrears of holiday pay – annual leave) ; Arrears of wages ; Sick leave ($113) ; Bereavement leave ($169.50); Minimum wage entitlement ($7.50) ; Arrears of holiday pay (Quantum to be determined) ; Compensation for humiliation etc ($500) ; Applications dismissed (arrears of wages – overtime and Christmas bonus)(arrears of holiday pay – public holidays) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s65;ERA s114 |
| Number of Pages | 6 |
| PDF File Link: | aa 88_09.pdf [pdf 23 KB] |