| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 483/10 |
| Hearing date | 14 Jun 2010 - 29 Jul 2010 (2 days) |
| Determination date | 17 November 2010 |
| Member | J Wilson |
| Representation | E Hartdegen ; D Webster |
| Location | Auckland |
| Parties | Choi & Anor v Manhattan Trading Ltd |
| Other Parties | Kim |
| Summary | UNJUSTIFIED DISMISSAL – ARREARS OF WAGES AND HOLIDAY PAY – Applicants’ claimed unjustifiably dismissed by respondent and owed outstanding wages and holiday pay – Second applicant unable to attend investigation meeting – Sexual harassment claim withdrawn by applicant – No employment agreement (“EA”) – No wage and time records – First applicant claimed usually paid in cash but occasionally paid by cheque – Respondent argued entered into agreement to merge business with another (“BS Ltd”) – Respondent’s arrangement with BS Ltd never eventuated and structure never occurred – Respondent argued first applicant not paid because employed through BS Ltd – Respondent asked first applicant to sign agreement stating all monies owing paid – Authority found extremely difficult to find truth in matter – Found first applicant employed on “as required” basis – Found employment with respondent came to end when company merged business interests with BS Ltd – Found if applicant dismissed was because respondent no longer had work to offer – Found any dismissal consequence of “as required” nature of EA – No unjustified dismissal – Found applicant not entitled to payment in lieu of notice from respondent – Found on balance respondent had paid applicant all wages owing – Respondent conceded had not paid applicant holiday pay – Authority ordered respondent to pay applicant arrears of holiday pay – PENALTY – Applicant did not seek penalties for failure to keep wage and time records and provide EA – Authority found not within jurisdiction to impose penalties on own motion – Authority declined to impose penalties for breach of contract or breaches of good faith |
| Result | Application dismissed ; Application granted (Arrears of holiday pay) ($440) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4A |
| Number of Pages | 10 |
| PDF File Link: | aa 483_10.pdf [pdf 28 KB] |