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Cathro v Monastra
12 Dec 2008, J Crichton, CA 191/08, (4 pages)
UNJUSTIFIED DISMISSAL - No appearance by respondent - Authority satisfied employer was respondent, not respondent's company - Upon arrival at work, applicant given free movie tickets and told to go to movies rather than work - Next day applicant left list of problems with kitchen as was concerned about health risks of dirty kitchen - That evening applicant received text message from respondent asking where applicant was - Applicant suggested respondent contact him but respondent failed to do so - Following day respondent told applicant no longer employed - Authority found lack of enquiry or opportunity to be heard was unfair - Dismissal unjustified - Remedies - Authority satisfied applicant became stressed and concerned about possible impact of dismissal on reputation - $1,500 compensation appropriate - Reimbursement of lost wages for week until applicant found new employment - ARREARS OF WAGES AND HOLIDAY PAY - Authority satisfied applicant owed wages and holiday pay - Chef
Result: Application granted (unjustified dismissal) ; Compensation for humiliation etc ($1,500) ; Reimbursement of lost wages ($662.50) ; Arrears of wages ($1,462.50) ; Arrears of holiday pay ($371) ; Disbursements in favour of applicant ($70)(Filing fee) ; Costs to lie where they fall
Hamilton v Monastra
12 Dec 2008, J Crichton, CA 192/08, (3 pages)
ARREARS OF WAGES AND HOLIDAY PAY - No appearance by respondent - Applicant claimed owed one weeks wages and holiday pay - Respondent previously acknowledged wages owing - Authority satisfied wages owing - Respondent to pay outstanding wages and holiday pay - Waiter/Bartender
Labour Inspector (Henning) v Broadbat Ltd
20 Dec 2007, H Doyle, CA 154/07, (18 pages)
ARREARS OF HOLIDAY PAY - Identity of respondent - Employees employed by third party which sold business to respondent - Respondent now employer - Applicant Labour Inspector sought compliance with respondent's statutory obligations on behalf of five former and two current employees - No appearance by respondent - Arrears due and owing to employees - Interest 9 percent - PENALTY - Applicant sought penalty for respondent's failure to calculate and pay holiday pay and to provide records as requested - Separate penalties awarded for number of breaches - $200 for failure to calculate and pay holiday pay - Failure to provide records for former employees resulted in three $500 and one $600 penalty - Failure to supply records when requested by two current employees considered aggravating factor, $1,000 penalty for each breach - COMPLIANCE ORDER - Respondent ordered to comply with request to provide records
Result: Application granted ; Arrears of holiday pay ($2,320.95)(GM) ; ($1,979.95)(GP) ; Compliance ordered ; Penalty ($200)(s75 Holidays Act) ; ($4,100)(Total for failure to supply records to six employees) ; Disbursements in favour of applicant ($70)(Filing fee)
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