| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 199/10 |
| Hearing date | 9 Nov 2010 |
| Determination date | 15 December 2010 |
| Member | P R Stapp |
| Representation | S Fair ; no appearance, QC Wang |
| Location | Masterton |
| Parties | Fair v Wang and Anor |
| Other Parties | Quan Enterprises Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – PRACTICE AND PROCEDURE – Identity of employer – Applicant claimed had not properly been paid wages and holiday pay – No appearance for cited first respondent – Authority identified director of second respondent – Parties accepted second respondent was applicant’s employer – Applicant kept diary of hours of work and amounts paid – Authority found no proof of agreement to use meals to cover holiday pay – Found no evidence actual claim for hours from applicant substantially incorrect – However, adjustment to be made for meal breaks – Found respondent failed to produce proper wage and time records – Respondent to pay applicant arrears of wages and holiday pay – UNJUSTIFIED DISMISSAL – Applicant dismissed by chef and given 14 days notice – Respondent argued applicant dismissed as applicant’s English not very good, work not busy, and work not good – Authority found no consultation with applicant on reasons for dismissal – Found applicant not offered work alternatives – Found dismissal unjustified – Remedies – Found $7,803 reimbursement of lost wages – Found $1000 compensation appropriate |
| Result | Applications granted (Dismissal)(Arrears of wages) ; Arrears of wages ($6415.75) ; Arrears of holiday pay ($1,240.40) ; Reimbursement of lost wages ($7,803.00) ; Compensation for humiliation etc ($1,000) ; Costs in favour of applicant ($70) |
| Main Category | Personal Grievance |
| Statutes | ERA s221(a);ERA s130;ERA s132;Holidays Act 2003 |
| Number of Pages | 8 |
| PDF File Link: | wa 199_10.pdf [pdf 26 KB] |