| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 101/10 |
| Hearing date | 20 May 2010 |
| Determination date | 27 May 2010 |
| Member | P R Stapp |
| Representation | T Wallace (in person), K Hudson (in person) ; no appearance |
| Location | Wellington |
| Parties | Wallace & Ors v Dr Peter Yee t/a Turangi Cabins and Holiday Park |
| Other Parties | Hudson |
| Summary | UNJUSTIFIED DISMISSAL – No appearance for respondent – Applicants claimed unjustifiably dismissed without notice – Applicants’ employment relationship with respondent deteriorated over several incidents – Respondent failed to pay power bills, wages, and unilaterally changed applicants’ duties – Respondent expected applicants to pay work expenses without access to work account - Applicants unable to contact respondent regarding workplace health and safety problems – Applicants closed workplace as unsafe for customers to be in without power – Applicants claimed respondent verbally abused them and dismissed – Authority found dismissal unjustified – REMEDIES – No contributory conduct – Reimbursement of three months lost wages for each applicant - $3,000 compensation for each applicant – ARREARS OF WAGES – ARREARS OF HOLIDAY PAY – Applicants sought arrears of wages and holiday pay – Authority ordered respondent to pay first applicant $4,942 arrears of wages and $2,160 holiday pay – Respondent ordered to pay second applicant $2,982 arrears of wages and $2,160 holiday pay – Camp Managers |
| Result | Applications granted ; Arrears of wages ($4,800)($142.86)(Day in lieu)(First applicant) ($2,840)($142.86)(Day in lieu)(Second applicant) ; Holiday pay ($2,160)(First and second applicant) ; Reimbursement of lost wages ($13,000)(First and second applicant) ; Compensation for humiliation etc ($3,000)(First and second applicant) ; Disbursements in favour of applicants ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s124;ERA s128;ERA s131;ERA s159;ERA Second Schedule cl15 |
| Number of Pages | 7 |
| PDF File Link: | wa 101_10.pdf [pdf 20 KB] |