| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 125/10 |
| Hearing date | 16 Mar 2010 |
| Determination date | 17 March 2010 |
| Member | D King |
| Representation | N Marshall ; No appearance |
| Location | Auckland |
| Parties | Manavese v Auckland Wood Waste Removals Ltd |
| Summary | UNJUSTIFIED DISMISSAL - No appearance for respondent - Applicant claimed telephoned by employer and told to come to meeting - Applicant claimed not told content of meeting or given opportunity to have representative present - Applicant claimed at meeting told being dismissed as was insufficient work - Dismissal unjustified - Remedies - No contributory conduct - Applicant found new employment month after dismissal but at lower pay rate - Applicant to be paid difference in pay rate for three months - Authority satisfied applicant humiliated and distressed by manner of dismissal - $3,500 compensation appropriate - RECOVERY OF MONIES - Applicant claimed unauthorised deductions made from final fortnight’s pay - Found applicant owed $991 - Interest payable - ARREARS OF HOLIDAY PAY - Applicant took two days annual leave during course of employment - Found applicant entitled to $2,352 holiday pay - Interest payable - COSTS - Applicant sought payment of $500 in legal fees incurred - Respondent to pay applicant $500 costs |
| Result | Applications granted ; Compensation for humiliation etc ($3,500) ; Reimbursement of lost wages ($3,770) ; Holiday pay ($2,352) ; Recovery of monies ($991.82) ; Interest (4.68%) ; Costs in favour of applicant ($500) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Number of Pages | 3 |
| PDF File Link: | aa 125_10.pdf [pdf 22 KB] |