| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 64/02 |
| Hearing date | 31 May 2002 |
| Determination date | 24 June 2002 |
| Member | H Doyle |
| Representation | G Clarke ; AA Couch |
| Location | Christchurch |
| Parties | Hanif v PH Woods & Sons |
| Summary | UNJUSTIFIED DISMISSAL - Whether actual dismissal or constructive dismissal - Alleged verbal abuse - Alleged racial discrimination - Whether dismissed because of race - Applicant had tendered resignation previously but had requested job back - Evidence suggested resigned - Conduct did encourage resignation - No evidence of discrimination - No dismissal - ARREARS OF WAGES AND HOLIDAY PAY - Alleged incorrect deduction of wages - Consented to 11 hours wages deduction - 50 hours deducted - Deduction of extra hours unlawful - Arrears claim made out - Outstanding holiday pay due and owing - Farm assistant |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Arrears of wages) ; Arrears of wages ($660) ; Arrears of holiday pay ($39.60) ; Interest (7 percent) ; Costs reserved |
| Statutes | ERA s104;ERA Second Schedule cl11(1);Wages Protection Act 1983 |
| Cases Cited | Boobyer v Good Health Wanganui unreported, Goddard CJ, 24 February 1994, WEC 3/94;Chicken & Food Distributors (1990) Ltd v Central Clerical Workers Union [1991] 1 ERNZ 502 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |