| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 88/09 |
| Hearing date | 18 Jun 2009 |
| Determination date | 18 June 2009 |
| Member | P R Stapp |
| Representation | C Stanley, E Cooney ; no appearance |
| Location | Wellington |
| Parties | Clarke v B Hair and Beauty Ltd |
| Summary | UNJUSTIFIED DISMISSAL – No appearance for respondent – Applicant claimed unjustifiably dismissed without warning - Applicant unsuccessfully attempted to contact respondent after respondent failed to pay applicant wages – Following day, applicant advised to attend disciplinary meeting and then advised Police would be called if did not leave workplace – Applicant claimed dismissed – Applicant received two letters requesting applicant attend investigation concerning poor performance and alleged misconduct – Grievance raised – Authority found applicant dismissed when told to leave workplace and return later for investigation meeting – Found no arrangements made for meetings to continue – Found if applicant not dismissed, then was suspended without notice – Dismissal unjustified – REMEDIES – No contributory conduct – Reimbursement of 3 months lost wages – Found $4,000 compensation appropriate given the short length of applicant’s employment - ARREARS OF WAGES – Authority ordered respondent to pay applicant $1,700 arrears of wages – COSTS – Authority found respondent’s deliberate failure to not defend claim contributed to saving of costs – Found contribution to legal aid costs of $3,000 appropriate – Hairdresser |
| Result | Applications granted ; Reimbursement of lost wages ($8,820) ; Compensation for humiliation etc ($4,000) ; Arrears of wages ($1,700) ; Costs awarded in favour of applicant ($3,000); Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s131;ERA s128(2);ERA cl12, sch2 |
| Number of Pages | 6 |
| PDF File Link: | wa 88_09.pdf [pdf 23 KB] |