| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 167/09 |
| Hearing date | 4 May 2009 |
| Determination date | 25 May 2009 |
| Member | P R Stapp |
| Representation | TM Wong ; K Parseth |
| Location | Whangarei |
| Parties | Neil v Zhong and Anor |
| Other Parties | Zhong |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL - Applicant claimed request not to return to work unfair and amounted to unjustified dismissal – Applicant consistently returned to workplace after Christmas break for six years – Second respondent requested applicant not to return to work unless contacted – Applicant claimed this contrasted with previous arrangements therefore dismissed – Respondents contacted applicant two months after Christmas – Respondents claimed applicant not contacted earlier because believed applicant on holiday – Personal grievance raised – Respondent subsequently asked applicant to return – Applicant declined offer – Authority found respondents’ actions unjustifiably disadvantaged applicant causing employment relations to end – Found applicant had reasonable expectation to return in new year due to length of service and no formal agreement to end employment relations or usual arrangement to return – Found but for second respondent’s request, applicant would have returned - Found respondents’ belief applicant on holiday unreasonable when no indication given – Found parties failed to be responsive and communicative towards one another – Found applicant’s obligation to clarify situation - Found respondents should have made greater efforts to contact applicant – Disadvantage unjustified – Dismissal unjustified - REMEDIES – No contributory conduct – Reimbursement of two weeks lost wages – Found applicant failed to mitigate loss by failing to return to work and be communicative towards respondents – Authority declined compensation for insufficient evidence – ARREARS OF HOLIDAY PAY – Authority found one of applicant’s arrears claims outside limitation period – Respondent ordered to pay arrears of holiday pay of $1,019 - COSTS – Half day investigation meeting - Authority found reasonable contribution to costs of $1,500 appropriate – Found respondents’ failure to keep tidy wage and time records caused applicant unnecessary costs - Costs awarded in favour of applicant – Shop Assistant |
| Result | Applications granted ; Reimbursement of lost wages ($368) ; Arrears of holiday pay ($1,019.45) ; Costs awarded in favour of applicant ($1,500) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(b);ERA s124;ERA s142 |
| Number of Pages | 10 |
| PDF File Link: | aa 167_09.pdf [pdf 34 KB] |