| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 346 |
| Hearing date | 2 Jun 2011 |
| Determination date | 03 August 2011 |
| Member | R A Monaghan |
| Representation | M McFadden ; T Doonan |
| Location | Auckland |
| Parties | Deller v Textile Recycling Centre Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant resigned – Director (“D”) enquired why applicant still at home one morning and applicant’s activities on another day – Applicant claimed still at home due to suffering from insomnia previous night and obtained three sales on other day – D claimed applicant failed to call customer to find out why order cancelled – Applicant claimed called contact person but unavailable – D doubted all visits noted could be completed in one day and discussion held whether applicant visited certain customer – Applicant claimed made attempt but contact person unavailable – Delivery driver claimed abused by customer because delivery not ordered – Respondent made delivery in reliance on order placed by applicant – D informed applicant had not placed any orders for two weeks – D concerned about what applicant had been doing during this time – Authority did not accept applicant admitted falsifying records in relation to order – D claimed applicant resigned following questioning about survey cards – Applicant denied account and claimed D shouted at applicant – Authority satisfied D did not shout during conversation – Authority found D did not tell applicant dismissed – Found conversation included frank exchange of views about working at respondent company and applicant indicated dissatisfaction with employment relationship and portrayed termination of employment as own initiative – No dismissal – ARREARS OF HOLIDAY PAY – Applicant claimed unpaid holiday pay – Found respondent did not pay applicant final holiday pay because believed applicant had not worked for two weeks before employment ended – Found respondent not entitled to simply withhold payment – Arrears of holiday pay due and owing – Interest payable – Found arrears of wages not properly before Authority and for parties to address – Sales Representative |
| Result | Application dismissed (unjustified dismissal) ; Application granted (arrears of holiday pay) ($327.68)(arrears of holiday pay) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Wages Protection Act 1983 s4 |
| Number of Pages | 9 |
| PDF File Link: | 2011_NZERA_Auckland_346.pdf [pdf 26 KB] |