| Summary |
UNJUSTIFIED DISMISSAL - Abandonment – Poor performance – No written employment agreement - Performance issues arose relating to applicant’s concentration, punctuality, not writing recipes down, and food preparation – No formal warnings issued, but applicant accepted spoken to at least five times about performance – Informal meeting held – Applicant claimed dismissed – Respondent argued told applicant not suited to job and should consider finding new job, but advised still expected to work next day – Respondent argued applicant did not attend work and attempts to contact unsuccessful so concluded employment abandoned – Three days later, applicant raised grievance – Authority found dismissal required sending away – Authority not satisfied applicant sent away – Found applicant upset about discussing performance issues – No dismissal - ARREARS OF WAGES – Applicant claimed not paid minimum wage – Respondent lost applicant’s wage book so applicant contacted IRD for records – Applicant discovered no PAYE tax paid by respondent on applicant’s behalf – Authority accepted applicant did not provide respondent with tax number until one week before dismissal – Found wage documents showed applicant paid minimum wage at time of employment - ARREARS OF HOLIDAY PAY – Respondent accepted applicant not paid holiday pay – Authority found arrears due and owing – COSTS – Parties represented selves – Found parties each partially successful – Costs to lie where they fall - Cook |