| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 91/10 |
| Hearing date | 12 Mar 2010 - 18 Mar 2010 (2 days) |
| Determination date | 16 April 2010 |
| Member | H Doyle |
| Representation | J Goldstein ; J Brooks |
| Location | Christchurch |
| Parties | Dyer v Beauty Management Riccarton Ltd |
| Summary | PRACTICE AND PROCEDURE – Parties consented to respondent being identified as applicant’s employer – Respondent provided no evidence or submissions to answer personal grievance – Authority proceeded on basis of applicant’s evidence – Authority reserved arrears of holiday pay application - UNJUSTIFIED DISMISSAL – Applicant advised without notice position terminated as respondent could not afford to employ applicant – No further reasons given – Authority found respondent dismissed applicant without notice – Found no basis for conclusion respondent could not afford to employ applicant – Dismissal unjustified – REMEDIES – No contributory conduct – Reimbursement of two weeks lost wages – $5000 compensation appropriate – PENALTY – Applicant sought penalty for failure to identify employer on employment agreement (“EA”) – Sought penalty for failure to provide wage and time records – Authority found no penalty provided for failure to identify employer on EA – Found $1,000 penalty warranted for failure to provide wage and time records – Penalty granted – Beautician |
| Result | Applications granted (Unjustified dismissal)(Penalty – Failure to provide time and wage records) ; Application dismissed (Penalty – Failure to identify employer); Reimbursement of lost wages ($1,200) ; Compensation for humiliation etc ($5,000) ; Penalty ($500)(Payable to Crown) ($500)(Payable to applicant) ; Arrears of holiday pay reserved ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s65;ERA s103A;ERA s130;ERA s130(4);Privacy Act 1983 |
| Number of Pages | 10 |
| PDF File Link: | ca 91_10.pdf [pdf 42 KB] |