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Lilo v R.V. Motor Home World (2003) Ltd
18 Apr 2007, M Urlich, AA 111/07, (3 pages)
ARREARS OF HOLIDAY PAY - Respondent did not dispute applicant entitled to arrears - Arrears due and owing - No reason provided for failure to pay - Order for interest appropriate - Despite repeated requests, respondent had not provided holiday records - Authority drew respondent's attention to legal obligation to keep records
Result: Application granted ; Arrears of holiday pay ($1,920) ; Interest (7%) ; Disbursements in favour of applicant ($70)(Filing fee)
Mi v Awataha Corporate Ltd
29 Jun 2007, L Robinson, AA 197/07, (2 pages)
ARREARS OF WAGES AND HOLIDAY PAY - Applicant claimed owed four weeks wages and holiday pay - Respondent admitted holiday pay owing but denied applicant worked during period claimed - Failed to produce wage and time records as required by Authority - Applicant's evidence accepted - Arrears of wages and holiday pay due and owing - Interest 10 percent
Result: Application granted ; Arrears of wages ($1,846.15) ; Arrears of holiday pay (Quantum to be determined) ; Interest (10%) ; Disbursements ($70)(Filing fee)
Ng v Woodbay Ltd t/a Pitz Cafe
15 Mar 2007, J Scott, AA 74/07, (2 pages)
ARREARS OF HOLIDAY PAY - Applicant claimed owed annual leave pay - Respondent refused to attend mediation - Authority requested Labour Inspector report determining arrears - Parties invited to make submissions on report - No submissions received - Labour Inspector's assessment accepted - Holiday pay due and owing - COSTS - Respondent ordered to pay filing fee
Result: Application granted ; Arrears of holiday pay ($96.63) ; Disbursements ($70)(Filing fee)
Pech v Frederic Developments Ltd
28 Feb 2007, L Robinson, AA 52/07, (4 pages)
UNJUSTIFIED DISMISSAL - No appearance for respondent - Earlier determination found applicant an employee - Parties did not use mediation - Applicant's evidence unchallenged and accepted - Applicant claimed respondent's director telephoned saying was broke and could not go on with project, and all staff "let go" - Applicant drove past workplace and saw staff still working - When called director, director said did not want applicant anymore - Respondent did not attend to justify termination and Authority could discern no basis for justification - Dismissal unjustified - ARREARS OF HOLIDAY PAY - Holiday pay due and owing - Interest 8 percent - Project manager
Result: Application granted ; Arrears of holiday pay ($1,033.68) ; Reimbursement of lost wages ($20,880)(16 weeks) ; Compensation for humiliation etc ($8,000) ; Interest (8%)(On lost wages and holiday pay) ; Costs reserved
Smith v Masterprint Ltd
27 Nov 2006, G Wood, WA 170/06, (10 pages)
ARREARS OF HOLIDAY PAY - Respondent bought business where applicant worked - Original owner responsible for holiday pay - Open to respondent to allow staff to take leave in advance without becoming liable for holiday pay - UNJUSTIFIED DISMISSAL - Serious misconduct - As part of investigation, director asked all employees to write in with any concerns about applicant - Allegations included failure to follow instructions, smoking on premises and abuse of co-workers, particularly females - Applicant not provided with statements or names of complainants - Denied most allegations - Not prepared to respond to abuse claim without further information - Respondent considered allegations made out and summarily dismissed him - Not actions of fair and reasonable employer - No reason why separate offences of misconduct meant processes in house rules should not be followed - Should have had opportunity to improve behaviour - Serious allegations required applicant to have as much information as possible - Should have disclosed names, limited number females in workplace and had sufficient detail been given likely able to be identified anyway - Respondent took into account failure to respond when dismissing, compounding unfairness - Also unjustified as dismissed for combination of allegations, and most serious allegation not made out - Some issues going on for years, in effect condoned by manager - Dismissal unjustified - Remedies - Applicant smoked in workplace despite knowing unlawful and being told to stop - Also failed to properly maintain machine and used rude and unpleasant language with female staff - Contributory conduct 35 percent - Printer
Result: Application dismissed (Arrears) ; Application granted (Dismissal) ; Reimbursement of lost wages ($7,680 reduced to $4,992) ; Compensation for humiliation etc ($10,000 reduced to $6,500) ; Costs reserved
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