| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 146 |
| Hearing date | 16 Aug 2011 |
| Determination date | 19 September 2011 |
| Member | D Asher |
| Representation | P McLuskie ; no appearance |
| Location | Wellington |
| Parties | Deason v Antonopoulos and Anor t/a La Casa Pasta Ltd and Whonere Holdings Ltd |
| Other Parties | Antonopoulos |
| Summary | UNJUSTIFIED DISMISSAL – Poor Performance – No appearance for respondent - Respondent agreed to but failed to participate in mediation or file witness statements on time – Respondent applied for adjournment and claimed had no assets or employment and was anticipating prison sentence for unrelated matter - Authority declined respondent’s application for adjournment as reasons did not preclude respondent from attending investigation – Three weeks after employment commenced respondent asked applicant to stay away from business as had concerns and did not want applicant to work – Applicant claimed initial attempts to meet ignored by respondent but parties met week later – Applicant claimed told by respondent “it’s just not working out” and would pay applicant one week’s wages in lieu of notice – Respondent claimed business about to be sold - Authority found respondent terminated applicant’s employment without proper notice of alleged performance deficiencies or opportunity to address respondent’s concerns – Dismissal unjustified – REMEDIES – No contributory conduct - $10,920 lost remuneration appropriate – $10,000 compensation appropriate - ARREARS OF WAGES AND HOLIDAY PAY - Applicant claimed respondent’s promise to pay wages proved false – Authority found no evidence that respondent kept wage and time records or provided records to applicant on request – Found outstanding wages and holiday pay due and owing – PENALTY – Found respondent failed to provide applicant with employment agreement or keep wage and time records - $3,000 penalty appropriate - General/Restaurant Manager |
| Result | Applications granted ; Reimbursement of lost wages ($10,920) ; Compensation for humiliation etc ($10,000) ; Arrears of wages ($230) ; Arrears of holiday pay ($201.60) ; Penalty ($3,000) ; ($1,500 payable to applicant)($1,500 payable to Crown) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s41(1);ERA s63A;ERA s63A(2);ERA s65;ERA s120;ERA s124;ERA s130(1);ERA s136(2);ERA s181;Employment Relations Amendment Act (No 2) 2004 s23;Employment Relations Amendment Act (No 2) 2004 s24;Wages Protection Act 1983 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Wellington_146.pdf [pdf 20 KB] |