ERA awards 10 weeks annual leave but finds worker abandoned employment after five-month absence
The Employment Relations Authority (ERA) found that a worker was not dismissed from a family garage door business despite claiming a text message ended his employment, but awarded him 10 weeks of unpaid annual leave while rejecting claims for public holiday pay and wage deductions.
The worker had been employed in the family business for approximately 27 years and claimed unjustified dismissal, unpaid holiday entitlements, and reimbursement for unauthorised wage deductions.
The employers, a partnership of his parents, denied the claims and counterclaimed for return of allegedly taken property.
The worker was employed by a partnership formed by his father and mother in 2016, which traded in the installation and repair of garage doors.
The worker had worked in the business for approximately 27 years before the partnership was formed, with his last day at work being 15 May 2023, when he suffered an injury and made an ACC claim.
The employers claimed they first heard the worker was on ACC in late June 2023 and that he was absent without explanation for five months while the father made numerous unsuccessful contact attempts. The business has since been sold to a third party.
The ERA granted non-publication orders for names and identifying details of all parties and witnesses, finding that the proceedings had impacted family members...
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