| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 113/10 |
| Hearing date | 10 May 2010 - 11 May 2010 (2 days) |
| Determination date | 22 June 2010 |
| Member | D Asher |
| Representation | M Duston, K Coley ; Y Wei (in person), Chuan Yin |
| Location | Palmerston North |
| Parties | Kauri v Wei t/a Rainbow Dairy, Foxton |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Respondent summarily dismissed applicant due to numerous breakdowns in employment relationship – Respondent argued dismissal justified for redundancy – Argued unaware of legal obligations – Authority found fair and reasonable employer would not arbitrarily dismiss applicant without consultation and notice – Found lack of awareness in employment matters did not excuse respondent from legal responsibilities - Found no evidence of redundancy –Dismissal unjustified – REMEDIES – No contributory conduct – Reimbursement of three months lost wages - $4,000 compensation appropriate - ARREARS OF WAGES – ARREARS OF HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Authority found arrears due and owing – Respondent ordered to pay applicant $691 arrears of wages and $204 arrears of holiday pay - Cleaner |
| Result | Applications granted ; Arrears of wages ($279)(Pay for day in lieu) ($412.50)(Notice period and non-payment) ; Arrears of holiday pay ($204.72) ; Reimbursement of lost wages ($2,559) ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c)(i);ERA s4(1A)(c)(ii);ERA s103A;ERA s124;ERA s128(2) |
| Cases Cited | Air New Zealand v V (2009) 6 NZELR 582;Kelly v Wei t/a Rainbow Dairy Foxton unrep, D Asher, 21 Jun 2010, WA 112/10;Simpsons Farms Ltd v Aberhart [2006] ERNZ 825 |
| Number of Pages | 9 |
| PDF File Link: | wa 113_10.pdf [pdf 24 KB] |