| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 17 |
| Hearing date | 11 Jan 2011 |
| Determination date | 14 January 2011 |
| Member | R A Monaghan |
| Representation | B Edwards ; no appearance |
| Location | Auckland |
| Parties | Gray v Charity Works Trust |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – No appearance for respondent – Applicant approached by respondent to help set up radio station – Applicant not paid during period of employment – Applicant sought $27,730 unpaid wages – Applicant sought $2,218 holiday pay – Wages and holiday pay due and owing – UNJUSTIFIED DISMISSAL – Constructive dismissal – Authority found applicant’s resignation foreseeable given repeated and extended failures to pay wages – Found resignation amounted to constructive dismissal – Dismissal unjustified – REMEDIES – No contributory conduct – Applicant lost 17 weeks remuneration – Found applicant entitled to 6 months’ notice of termination which applicant did not receive – Found amount owing for notice period greater than actual remuneration lost – Found applicant entitled to greater amount – $35,000 reimbursement of lost wages appropriate – $10,000 compensation appropriate – PENALTY – GOOD FAITH – Applicant claimed respondent lied about funding for radio station – Found respondent had obligation to communicate more information regarding funding – Found respondent misled and deceived applicant – Found respondent breached obligations of good faith – Found in principle penalty warranted – Found harm done to applicant adequately addressed in personal grievance findings – No order for penalty – BREACH OF CONTRACT - Found failures to pay wages warranted penalty – Found harm done to applicant adequately addressed in personal grievance findings – No order for penalty – COSTS – Half day investigation meeting – Found applicant incurred extra costs due to respondent’s lack of response - $2,500 contribution to costs appropriate – Director of Operations |
| Result | Applications granted (arrears of wages and holiday pay) (unjustified dismissal) ; Arrears of wages ($27,730.69) ; Arrears of holiday pay ($2,218.46) ; Reimbursement of lost wages ($35,000) ; Compensation for humiliation etc ($10,000) ; Interest (5.2%) ; Applications dismissed (breach of contract) (good faith) ; Costs in favour of applicant ($2,500) ; Disbursements in favour of applicant ($70)(filing fee) ($140)(process servers’ fees) |
| Main Category | Arrears |
| Statutes | ERA s4A;ERA s4(1);ERA s4(1A);ERA s133;ERA Second Schedule cl2 |
| Number of Pages | 9 |
| PDF File Link: | 2011_NZERA_Auckland_17.pdf [pdf 26 KB] |