| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 111/10 |
| Hearing date | 9 Mar 2010 |
| Determination date | 10 March 2010 |
| Member | R A Monaghan |
| Representation | T Brooky (in person) ; no appearance |
| Location | Auckland |
| Parties | Brookey v Hakasa Farming Ltd |
| Summary | UNJUSTIFIED DISMISSAL – No appearance for respondent – Parties agreed applicant would work on new farm purchased by respondent – Respondent employed replacement for applicant’s position in preparation for applicant’s move to new farm – Applicant moved from provided accommodation to temporary accommodation for new employee - Sale and purchase of new farm not completed – Employment relationship subsequently terminated – Authority found employment relationship terminated when respondent failed to make employment available on new farm as agreed between parties – Found dismissal unjustified – REMEDIES – No contributory conduct – Reimbursement of 4 weeks lost wages - $4,000 compensation appropriate - ARREARS OF WAGES –- Applicant sought $484 arrears of underpaid wages – Authority ordered respondent to pay applicant $484 arrears of wages – RECOVERY OF MONIES - EA provided respondent to reimburse applicant for work expenses - Applicant sought recovery of fuel expenses – Respondent ordered to reimburse applicant $2,310 for fuel - Applicant sought recovery of rent incurred as result of temporary accommodation - Respondent ordered to reimburse applicant $240 for three weeks rent - Applicant sought recovery of dog food costs - Respondent ordered to reimburse applicant $120 for dog food – Interest payable – Farm Worker |
| Result | Applications granted ; Arrears of wages ($484) ; Recovery of monies ($2,310)(Fuel) ($240)(Rent) ($120)(Dog food) ; Reimbursement of lost wages ($2,692.32) ; Compensation for humiliation ($4,000) ; Interest (4.8%) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA cl12, sch2 |
| Number of Pages | 6 |
| PDF File Link: | aa 111_10.pdf [pdf 17 KB] |