| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 142/09 |
| Hearing date | 29 Sep 2009 |
| Determination date | 29 September 2009 |
| Member | G J Wood |
| Representation | C Ross ; no appearance |
| Location | Wellington |
| Parties | Taunoa v New Orleans Dinner Club Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant disabled beneficiary employed part time by respondent – No appearance for respondent – Applicant never received wage and time records, despite requests – Applicant only received first pay slip – Applicant occasionally underpaid or paid in kind – Respondent advised applicant would have to take three weeks off work while workplace relocated – Applicant told respondent if not paid would have to look for new work – Respondent told applicant could not pay – Applicant inferred dismissed – Respondent advised Workers’ Rights Service that applicant resigned, and applicant must have been confused because was slow and had speech impediment – Applicant raised grievance – Authority found applicant’s comment that if not paid would have to look for other work did not constitute resignation – Found applicant dismissed when was told not enough money in business to pay him – Found despite respondent’s claim, business was up and running after relocation – Dismissal unjustified – REMEDIES – Authority found applicant unable to find work, given economic conditions and disability – Found applicant attempted to mitigate loss - Found not prepared to grant remuneration of lost wages beyond three months as applicant’s employment uncertain because business closed down months later – Found three months lost wages appropriate – Found applicant greatly affected by dismissal and was very poorly treated - $6,000 compensation appropriate - ARREARS OF HOLIDAY PAY - Applicant received final pay but considered holiday pay still owing – Authority found difficult to calculate holiday pay without records – Found applicant worked approximately 15 weeks part time so calculated holiday pay owing – Applicant entitled to filing fee - Kitchen hand |
| Result | Applications granted ; Reimbursement of lost wages ($3,774)(3 months) ; Compensation for humiliation etc ($6,000) ; Arrears of holiday pay ($345.60) ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA Schedule 2 cl12 |
| Number of Pages | 4 |
| PDF File Link: | wa 142_09.pdf [pdf 19 KB] |