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Results for unpaid wages

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Bridget Addy v Auckland Steam 'N' Dry Limited and Graeme Stephens [2022] NZERA 657 - constructive dismissal after a 'trial period' threat by text; $8,000 compensation, $3,600 reimbursement, $2,000 penalty

Auckland Steam 'N' Dry raised performance concerns with Bridget Addy by text and threatened that she would not make it through a supposed three-month trial, although her agreement contained no trial clause. She resigned in response.

Matched passage: Wages and payment issues The determination also deals with late final pay, holiday pay, and deductions.
Leo Waters v S.T.L Linehaul Ltd [2021] NZERA 304 - Unjustified dismissal, redundancy process failures

Leo Waters was made redundant by STL Linehaul in a process he said lacked genuine consultation and a fair opportunity to influence the decision. The ERA examined both the employer's business rationale and whether the redundancy procedure met the good-faith and justification standards.

Matched passage: Orders and remedies The employer was ordered to pay (within 21 days) $17,000.
Neil Armstrong v Surplus Brokers Ltd [2019] NZERA 235 - Casual employment dismissal, penalties for no agreement

Neil Armstrong worked for Surplus Brokers in an arrangement the employer characterised as casual. The dispute concerned whether he had actually been dismissed, whether the casual label affected his rights, and the employer's failures to provide compliant employment documentation.

Matched passage: Lost wages declined: while lost wages were claimed, the evidence did not support an award for lost wages (including issues around mitigation and health).
Unjustified redundancy: when redundancy becomes an unfair dismissal personal grievance

When a genuine business restructure can still result in an unjustified redundancy dismissal because consultation, disclosure, selection, redeployment or the final decision was not fair and reasonable.

Matched passage: The outcome in Judge Holden's judgment of 28 June 2022 was to order STL Linehaul to pay the full $17,000 compensation and the contribution to Mr Waters costs awarded by the ERA to the amount of $9,071.
Disciplinary meetings: employee rights and common employer mistakes

Employee rights at a disciplinary meeting: clear allegations, relevant information, representation, time to prepare, a genuine opportunity to answer and an open-minded decision-maker.

Matched passage: ... followed where HR Managers are involved, an employer and their HR consultant can easily pay lip service to the Employment Relations Act 2000, to doing these things before coming to a decision to issue a warning or to dismiss: Raising the allegations or concerns with the ...

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