| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 206/09 |
| Hearing date | 9 Jun 2009 |
| Determination date | 25 June 2009 |
| Member | L Robinson |
| Representation | J O'Connell ; no appearance |
| Location | Auckland |
| Parties | Miller v Carson Racing Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Misconduct – No appearance for respondent - Applicant claimed summary dismissal unjustified and false serious misconduct allegations – Applicant received dismissal letter alleging serious misconduct – Applicant unsuccessfully requested arrears of wages, dismissal notice, holiday pay and payment for work done on respondent’s car – Respondent sought applicant’s signature on “Employment Dissolution Agreement” – Applicant claimed signed agreement under duress – Agreement provided applicant indebted to respondent and applicant resigned from employment - Applicant returned respondent’s property and received severance payment – Authority found applicant signed agreement under duress therefore not estopped from pursuing personal grievance – Found dismissal procedurally and substantively unjustified - REMEDIES – No contributory conduct – Reimbursement of 31 weeks lost wages – Found $8,000 compensation appropriate as applicant unable to work due to medical conditions caused by dismissal - ARREARS OF WAGES – Authority ordered respondent to pay applicant $3,593 arrears of wages – Authority declined to order arrears of wages for overtime hours as insufficient evidence to support claim – Declined to order payment in lieu of notice as claim not particularised in statement of problem - PENALTY – Authority found $500 penalty for failure to produce wage and time record - Found penalty $500 penalty for failure to provide written employment agreement and advise applicant to seek independent advice warranted – Workshop Manager |
| Result | Applications granted ; Reimbursement of lost wages ($13,888) ; Compensation for humiliation etc ($8,000) ; Arrears of wages ($3,593.93) ; Penalty ($1,000)(Payable to Crown) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s63A(2);ERA s63a(3);ERA s103A;ERA s124;ERA s130(2);ERA s130(4) |
| Number of Pages | 7 |
| PDF File Link: | aa 206_09.pdf [pdf 21 KB] |