| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 280/02 |
| Hearing date | 31 May 2002 |
| Determination date | 16 September 2002 |
| Member | R A Monaghan |
| Representation | K Barry-Piceno ; R Parmenter |
| Location | Auckland |
| Parties | Carmichael v Excell Corporation Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Whether employee or independent contractor - Refused offer of employment agreement due to reduction in salary - Not in business for self - Integrated into respondent's business and under respondent's control - Was an employee - Dismissal unjustified - No consultation or warning - Counterclaim - Alleged overpayment if employee - Unjust enrichment - Nothing unjust about basis of payment - Alleged applicant estopped from claiming he was employee - No estoppel - No illegal contract - ARREARS OF HOLIDAY PAY - Annual leave incorporated into hourly rate - Payment for statutory holidays due and owing - Parties to determine quantum |
| Result | Application granted ; Counterclaim dismissed ; Reimbursement of lost wages ($10,240)(8 weeks) ; Compensation for humiliation etc ($4,000) ; Arrears of holiday pay (Quantum reserved) ; Costs reserved |
| Statutes | ERA s6;ERA s142;ERA s162;Illegal Contracts Act 1970;Judicature Act 1908 s94A |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Brighouse Ltd v Bilderbeck [1994] 2 ERNZ 243;Coutts Cars Ltd v Baguley [2001] ERNZ 660;Cunningham v TNT Express Worldwide (NZ) Ltd [1993] 1 ERNZ 695;Gladstone Milk Bar Ltd v Henning [1998] 1 ERNZ 296 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |