| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 235/10 |
| Hearing date | 26 Feb 2010 |
| Determination date | 19 May 2010 |
| Member | V Campbell |
| Representation | R Situ (in person) ; J Fu |
| Location | Auckland |
| Parties | Situ v Topcheer Enterprises Ltd t/a DH Supermarket Manurewa |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Applicant claimed respondent unilaterally reduced applicant’s work hours until eventually no hours provided – Claimed respondent made no further contact with applicant – Authority found employment agreement provided applicant minimum 66 hours per week – Found unilateral reduction of hours until no work given amounted to unjustified disadvantage, followed by unjustified dismissal – REMEDIES – Authority declined to award remedies as no compensation claimed - ARREARS OF WAGES – ARREARS OF HOLIDAY PAY – Applicant sought arrears of wages for final week of employment – Authority found arrears of wages due and owing – Respondent ordered to pay applicant $825 arrears of wages – Applicant sought arrears of holiday pay and payment for day off in lieu – Found based on respondent’s admission, holiday pay due and owing – Respondent ordered to pay applicant $2,683 arrears of holiday pay and $203 day off in lieu |
| Result | Applications granted ; Arrears of wages ($825)(Arrears of wages) ; Arrears of holiday ($2,887.18) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s131 |
| Number of Pages | 4 |
| PDF File Link: | aa 235_10.pdf [pdf 20 KB] |