| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 301/09 |
| Hearing date | 26 Jun 2009 |
| Determination date | 25 August 2009 |
| Member | M Urlich |
| Representation | M Steele ; W & T Brown |
| Location | Auckland |
| Parties | O'Donnell v Waahi Paraone Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed respondent failed to provide written employment agreement, employment records, reasons for dismissal and made unlawful deductions from wages – Respondent accepted no written employment agreement but denied other allegations – Applicant submitted told by respondent to find other work which he agreed to – Respondent offered applicant weekend work but applicant declined – Respondent offered work with contractor but applicant failed to show up to job – Applicant claimed respondent sent contractor to work site and made applicant sign documents did not want to sign – Found respondent did not force applicant to sign documents – No dismissal – PENALTY – Respondent failed to provide employment agreement – Penalty of $100 to be paid to Crown – Respondent failed to immediately provide wage and time records – Authority found no prejudice suffered – Respondent failed to secure applicant’s written consent to wage deductions – Found no prejudice suffered – No penalty awarded |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Penalty) ; Penalty ($100)(Payable to Crown) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s63A(2);ERA s120;ERA s130(2);ERA s130(4);ERA s135;ERA s135(5);Wages Protection Act 1983 s5 |
| Cases Cited | Xu v McIntosh [2004] 2 ERNZ 448 |
| Number of Pages | 7 |
| PDF File Link: | aa 301_09.pdf [pdf 22 KB] |