Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 276/02
Hearing date 12 Sep 2002
Determination date 13 September 2002
Member R A Monaghan
Representation C McBreen ; No appearance
Location Auckland
Parties Cresswell v College Property Group Ltd t/a Century 21 City Office MREINZ
Summary UNJUSTIFIED DISMISSAL - Redundancy - No appearance for respondent - Position ceased to exist - Alleged offered alternative employment with associate company - Misrepresentation of duties - Informed that position involved sales and marketing - Instead expected to perform receptionist duties - Disputed salary to be paid - Failed to provide written employment agreement prior to commencing employment - Dismissal unjustified - Remedies - Alternative employment commenced 8 days after dismissal - Reimbursement of lost wages restricted to that period - Wages and holiday pay owing from final week of employment - COSTS - ï¾½ day investigation meeting - Costs of $500 appropriate - Business administrator
Result Application granted ; Reimbursement of lost wages (8 days) ; Compensation for humiliation etc ($1,500) ; Arrears of wages ($615.38) ; Holiday pay (6 percent) ; Costs in favour of applicant ($500) ; Disbursements ($70)(Filing fee)
Statutes ERA Second Schedule cl12;EAR r8(3)
Number of Pages 6
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