| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 426/10 |
| Hearing date | 18 Aug 2010 |
| Determination date | 30 September 2010 |
| Member | K J Anderson |
| Representation | S <unro ; no appearance |
| Location | Thames |
| Parties | Gurnick v Te Ngahue Enterprises Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – No appearance for respondent – Applicant dismissed as no work available – Respondent lost forestry contract that provided applicant’s employment – Authority found genuineness of redundancy not at issue – Applicant dismissed by employer’s son – Applicant claimed no prior notice of redundancy – Found manner in which applicant lost employment not action of fair and reasonable employer – Dismissal unjustified – REMEDIES – No contributory conduct – $2,000 compensation appropriate – RECOVERY OF MONIES – Applicant received final payslip but deduction made for overpayment – Found no evidence of notice of deduction produced – Found no evidence of what overpayment related to – Found deduction of sum unlawful and must be repaid to applicant – $422 recovery of monies appropriate – ARREARS OF WAGES – No written employment agreement so no notice period provided – Found two weeks reasonable notice period – Applicant entitled to payment for notice period – $1,200 arrears of wages appropriate – Labourer |
| Result | Applications granted ; Recovery of monies ($422.04) ; Arrears of wages ($1,200) ; Compensation for humiliation etc ($2,000) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c);ERA s103A;Wages Protection Act 1983 s6;Wages Protection Act 1983 s6(3)(a);Wages Protection Act 1983 s6(3)(b);Wages Protection Act 1983 s6(3)(c) |
| Number of Pages | 7 |
| PDF File Link: | aa 426_10.pdf [pdf 28 KB] |