Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 312/09
Hearing date 21 Jul 2009
Determination date 01 September 2009
Member R A Monaghan
Representation D Collins ; J & E El-Boutty
Location Auckland
Parties Eslamy v Kiwifones Ltd
Summary UNJUSTIFIED DISMISSAL – Whether dismissed or abandoned employment – Applicant commenced work without written employment agreement – Parties to discuss terms of employment – Respondent failed to respond to applicant’s communication about employment agreement – Applicant subsequently left work and did not report for work again – Authority found applicant not dismissed – Found employment relationship commenced although full terms not finalised – No dismissal – ARREARS OF WAGES – Respondent failed to pay wages during training period – Applicant entitled to payment of $1,538 for period of employment – Interest awarded – Business consultant
Result Application dismissed (unjustified dismissal) ; Application granted (arrears of wages) ; Arrears of wages ($1,538.46) ; Interest (3%) ; Costs reserved
Main Category Personal Grievance
Number of Pages 5
PDF File Link: aa 312_09.pdf [pdf 20 KB]