| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 400/09 |
| Hearing date | 21 Sep 2009 |
| Determination date | 12 November 2009 |
| Member | K J Anderson |
| Representation | T Oldfield ; No appearance |
| Location | Auckland |
| Parties | Williams v Chesterton Group Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal - Applicant claimed unilateral reduction of work hours caused unjustified disadvantage making resignation foreseeable – Applicant claimed hours reduced and when concerns raised respondent told applicant to leave employment – Applicant joined union to get support in matter – Applicant claimed respondent’s directors intimidated and shocked applicant when discussed late payment of wages - Applicant resigned – Authority found no written employment agreement (“EA”) setting applicant’s work hours – Found evidence showed applicant received fluctuations in weekly hours of work - Found no evidence respondent fundamentally breached contract to convert resignation into constructive dismissal – No disadvantage – No constructive dismissal – ARREARS OF WAGES – ARREARS OF HOLIDAY PAY – Applicant sought arrears of wages for working public holidays and arrears of holiday pay – Respondent failed to provide wage and time records - Authority ordered respondent to pay applicant $576 arrears of wages and holiday pay – Interest payable - PENALTY – Applicant sought penalty for failure to provide wage and time records and EA – Authority found reasonable attempt made to provide EA therefore penalty not warranted – Found penalty for failure to provide wage and time records warranted – Penalty granted – Housekeeper/Cleaner |
| Result | Application dismissed (Unjustified disadvantage) (Unjustified dismissal) ; Applications granted (Arrears of wages)(Arrears of holiday pay)(Penalty) ; Arrears of wages ($576) ; Arrears of holiday pay (Quantum to be determined) ; Penalty ($500)(Payable to applicant) ; Interest (4.85%) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s63A;ERA s130(4);ERA s135;ERA s160(1);ERA cl11, sch2;Holidays Act 2003 s23;Holidays Act 2003 s50;Holidays Act 2003 s56;Holidays Act 2003 s84 |
| Number of Pages | 7 |
| PDF File Link: | aa 400_09.pdf [pdf 28 KB] |