| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 132 |
| Hearing date | 13 Apr 2012 |
| Determination date | 16 April 2012 |
| Member | J Crichton |
| Representation | C Murray ; No appearance |
| Location | Auckland |
| Parties | Angell v Hawley & Ors |
| Other Parties | Hair Focus, 2L Ltd |
| Summary | JURISDICTION – Identity of employer – No appearance for respondent - Applicant offered employment by first respondent (“L”) – Applicant employed to work at premises of second respondent (“HF”) – L also owned third respondent - Authority found applicant could not have been expected to be aware employed by limited liability company - Found applicant employed by L personally - UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by L’s decision to sell HF – L accepted offered applicant employment – Applicant resigned from previous position and claimed expected would be given employment agreement on first day at HF – L told applicant day before commencement date employment no longer available as HF had been sold – Applicant claimed shocked and very distressed when told - L requested applicant attend work for one day as some clients already booked in – Applicant denied aware HF for sale when applied for position – Found L’s claim applicant aware HF would be sold fanciful – Found parties intended that applicant’s employment would be longer than one day – Found applicant unjustifiably disadvantaged by L’s actions – REMEDIES – No contributory conduct - $3,500 reimbursement of lost wages - $3,000 compensation appropriate – COSTS – Investigation meeting less than one day – L to pay applicant $1,000 contribution towards costs - Stylist |
| Result | Applications granted ; Reimbursement of lost wages ($3,500) ; Compensation for humiliation etc ($3,000) ; Costs in favour of applicant ($1,000) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s6 |
| Number of Pages | 7 |
| PDF File Link: | 2012_NZERA_Auckland_132.pdf [pdf 33 KB] |