| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 201/10 |
| Hearing date | 1 Dec 2010 |
| Determination date | 16 December 2010 |
| Member | P R Stapp |
| Representation | A Satherley (in person) ; no appearance |
| Location | Napier |
| Parties | Satherley v Flemming and Anor |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – No appearance for respondent – Applicant decided to look for alternative employment as wages unpaid – Respondent acknowledged understood applicant would not work for free – Authority found applicant left employment because not properly paid – Found foreseeable applicant would resign – Dismissal unjustified – REMEDIES – No contributory conduct – Found applicant mitigated loss by looking for alternative employment – $4,000 compensation appropriate – $3,444 reimbursement of lost wages appropriate – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought $2,240 unpaid wages, $2,717 arrears of holiday pay, $1,092 telephone bills and $646 expenses – Applicant sought $2,692 cost of wear and tear on use of vehicle and $50 to recover interest paid on loan to cover non payment of wages during employment – Respondent acknowledged applicant not fully paid – Applicant accepted money owed by respondent company and not respondent personally – Found applicant entitled to reimbursement for use of telephone – Found applicant entitled to reimbursement of expenses – Found $700 payment made by respondent – Found applicant used own vehicle during employment and entitled to vehicle running costs as per employment agreement – Project Manager |
| Result | Applications granted ; Compensation for humiliation etc ($4,000) ; Reimbursement of lost wages ($3,444) ; Arrears of wages ($2,240) ; Arrears of holiday pay ($2,717.45) ; Telephone and itemised expenses ($438) ; Vehicle expenses ($300) ; Interest ($64.44) ; Costs reserved ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s221;ERA Second Schedule cl12 |
| Number of Pages | 6 |
| PDF File Link: | wa 201_10.pdf [pdf 23 KB] |