| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 50 |
| Hearing date | 14 Jan 2010 |
| Determination date | 10 February 2011 |
| Member | Y S Oldfield |
| Representation | M Moncur ; Y Sun |
| Location | Auckland |
| Parties | Wang v Sun Crystal Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed when not rostered to work for two weeks and not contacted - Respondent claimed applicant rostered off for two weeks but no intention to end employment – Applicant initially reported to store manager (“P”) without incident and was rostered to work on average 22 hours per week - Respondent then appointed new store manager (“K”) – K and applicant had personality clash and applicant concerned about K’s manner when stated proposed to test applicant’s product knowledge - K spoke to applicant’s director (“S”) about issue – S told K to be patient with applicant and told applicant to co-operate with new manager - Applicant rostered for only nine hours per week for two weeks – Applicant then informed had two weeks off work to think about attitude to work and K would be in contact – K did not contact applicant – Applicant believed had been dismissed – Applicant raised personal grievance – S initially agreed to meeting with applicant to discuss grievance but declined meeting when applicant informed him wished to have representative (“M”) present – S also failed to provide wage and time records when M requested them – S claimed records not provided as had not received formal confirmation of M’s authority to act for applicant - Authority satisfied applicant dismissed – Found no warnings provided and no reasons given for dismissal - Dismissal unjustified - Remedies – No contributory conduct – Applicant entitled to reimbursement of lost wages for 13 weeks less earnings from part time work obtained – Respondent to pay applicant $2,746 reimbursement of lost wages - Applicant claimed dismissal humiliating as had been working hard to establish herself as recent arrival from overseas – Claimed did not feel able to tell family in China what had happened - Authority accepted applicant’s evidence, however, found was part time employment of limited duration therefore modest award of compensation warranted - $3,000 compensation appropriate – ARREARS OF WAGES – Applicant sought arrears of wages for two days of training – Applicant had agreed to forego payment based on being told those days would be devoted to training in respondent’s products – Authority accepted applicant’s evidence that only small part of time spent developing product knowledge and rest of time applicant served customers and familiarised herself with store routines – Found applicant should receive wages for those days – Respondent to pay applicant $112 arrears of wages - ARREARS OF HOLIDAY PAY – Authority able to examine wage and time records and identify amount of holiday pay outstanding – Applicant did not take any leave during employment – Respondent to pay applicant $248 outstanding holiday pay - PENALTY – Applicant sought penalty for failure to provide written employment agreement - Found no satisfactory explanation for why employment agreement not provided – Found respondent not small or new employer - $500 penalty awarded - Applicant sought penalty for failure to supply wage and time records - Authority found not credible for S to assert did not know M was applicant’s authorised representative when applicant had told him she was and provided contact number – Found if was genuinely unsure could have asked for formal written authority to be provided – Found conduct amounted to blatant refusal to ensure respondent met statutory obligations - $500 penalty awarded - Retail assistant |
| Result | Applications granted ; Reimbursement of lost wages ($2,746.50) ; Compensation for humiliation etc ($3,000) ; Arrears of wages ($112.50) ; Holiday pay ($248.63) ; Penalty ($500)(Failure to provide employment agreement)(Payable to Crown)($500)(Failure to supply wage and time records)(Payable to Crown) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s63(2);ERA s63(3);ERA s130;ERA s130(1);ERA s130(2);ERA s130(4) |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Auckland_50.pdf [pdf 30 KB] |