Previous Section | Table of Contents | Next Section
Epplett v Emerson t/a Emerson Distribution
23 Jul 2007, PR Stapp, WA 101/07, (3 pages)
ARREARS OF WAGES AND HOLIDAY PAY - No appearance for respondent - Respondent failed to respond to Authority's communications and request for wage, time and holiday records - Authority satisfied applicant employed by respondent personally - Applicant resigned giving two weeks notice - Subsequently told job restructured and not required to work - Employment ended without applicant being paid - Claim established - Applicant used own vehicle in duties - Applicant to be reimbursed for use of fuel - Claim for reimbursement during notice rejected given notice not worked - Wages and holiday pay due and owing
Result: Arrears of wages and holiday pay ($823.85) ; Reimbursements ($251.60)(Fuel expenses) ; Disbursements ($70)(Filing fee)
Preston & Ors v Scenicland Services (Nelson) Ltd
21 May 2007, P Montgomery, CA 56/07, (2 pages)
ARREARS OF WAGES AND HOLIDAY PAY - Applicants sought arrears owed when respondent ceased trading - Arrears calculated by Labour Inspector - Respondent advised had no funds and sent copy of Notice of Proceedings for Putting Company into Liquidation - Orders made in event liquidator had funds to disburse
Result: Application granted ; Arrears of wages ($971.60)(PP) ; ($321)(PC) ; ($631.25)(CD) ; ($426)(MT) ; ($24)(JD) ; Arrears of holiday pay ($5,613.69)(PP) ; ($32.76)(PC) ; ($3,279.81)(CD) ; ($251.73)(MT) ; ($554.22)(JD) ; Other monies ($12,026)(PP)(bonus) ; Disbursements ($70)(Filing fee)
Stewart v Century 21 Huntly, Morrinsville & Papakura Ltd
30 Apr 2007, V Campbell, AA 129/07, (10 pages)
UNJUSTIFIED DISMISSAL - Summary dismissal - Whether dismissed or resigned - Manager queried applicant's management of client's property and level of communication with client - Applicant sent email to client outlining impending tenancy of client's property and left office - Manager claimed spoke to client and decided applicant lied - When applicant returned to office heated argument ensued - Authority found in no uncertain terms applicant told to leave workplace - Manager claimed applicant told him to "stick his job" - Applicant said "I'll resign" - Statement intended to convey her intention if shouting and bad language continued - Applicant left office and did not return - Provided medical certificate not fit to work when handed in keys - Handing back keys consistent with understanding had been dismissed - Manager's conduct in swearing and telling applicant to go dismissive and repudiatory - Even if wrong on point, manager's conduct plainly invited resignation which would have amounted to constructive dismissal - Dismissal - Manager's conduct outrageous - Failed to undertake investigation disclosing conduct a fair and reasonable empoyer would regard serious misconduct - Conduct in contravention of procedural fairness and fell short of obligation to be constructive in maintaining productive employment relationship - Failed to comply with terms of employment and follow own procedures - Dismissal unjustified - ARREARS OF HOLIDAY PAY - Without agreement respondent paid applicant as if on annual leave following dismissal - - Manner of payment during notice period had effect of reducing applicant's statutory entitlements - Holiday pay due and owing - Conduct warranted interest award - Interest 8.5 percent - Property manager
Result: Application granted ; Reimbursment of lost wages ($4,742)(13 weeks less 5 weeks pay following dismissal) ; Compensation for humiliation etc ($5,000) ; Arrears of holiday pay ($873.60) ; Interest 8.5% ; Costs reserved
Previous Section | Table of Contents | Next Section
