| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 155 |
| Hearing date | 3 Mar 2011 |
| Determination date | 12 October 2011 |
| Member | G J Wood |
| Representation | R Lewis ; G Singh |
| Location | Masterton |
| Parties | Singh v Gunveer Enterprises |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – ARREARS OF WAGES – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed underpaid by respondent over nine month period – Applicant claimed respondent principal (“M”) doctored records involving applicant’s income and PAYE records by copying applicant’s signature from another document – Respondent denied allegations and claimed met all duties to applicant – Applicant raised issue of underpayment of wages several times with M – M told applicant to leave workplace but did not give reason – By contrast M told applicant that if left workplace would be accused of stealing – Applicant left workplace – Authority preferred applicant’s evidence that M doctored records despite inconsistencies in applicant’s evidence and lack of supporting witnesses – Found applicant’s evidence more credible because of unexplained perfect likeness between applicant’s signature on immigration form given to M and account statement, wage record covered unusual period of time and inconsistency of M’s evidence with that of Police constable – Found applicant unjustifiably dismissed as fundamental right of all employees to be paid in accordance with employment agreement – Found applicant would have been entitled to resign after nine months of being underpaid – Found applicant entitled to $18,860 arrears of wages – Dismissal unjustified – REMEDIES – No contributory conduct – Found applicant suffered extremely badly as result of treatment by respondent – Found respondent took advantage of applicant to extreme degree – Found applicant out of work for several months and reliant on charity – $7,280 reimbursement of lost wages appropriate – $15,000 compensation appropriate – Chef |
| Result | Applications granted ; Reimbursement of lost wages ($7,280) ; Compensation for humiliation etc ($15,000) ; Arrears of wages ($18,860) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Wellington_155.pdf [pdf 31 KB] |