| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 172 |
| Hearing date | 28 mar 2013 |
| Determination date | 08 May 2013 |
| Member | J Crichton |
| Representation | S Scott ; G Nicholson |
| Location | Hamilton |
| Parties | Allbon v Nicholson Racing Stables Ltd |
| Summary | UNJUSTIFIED DISADVANATGE - UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent - Applicant provided with on-site accommodation - Respondent notified applicant of inability to pay applicant and sought to evict applicant from on-site accommodation – Whether parties had signed employment agreement - ARREARS OF WAGES – Applicant sought arrears of wages – Whether employment terminated at earlier date - PRACTICE AND PROCEDURE – Whether respondent’s counterclaim for recovery of monies withdrawn – Horse trainer |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: No signed employment agreement. Genuine redundancy. Applicant deprived of opportunity to comment on disestablishment of position. No unjustified dismissal but applicant unjustifiably disadvantaged by respondent’s truncated process. REMEDIES: No contributory conduct. $5,000 compensation appropriate.;ARREARS OF WAGES: Employment not terminated at earlier date. Respondent to pay applicant $10,800 arrears of wages.;PRACTICE AND PROCEDURE: Parties concluded counterclaim withdrawn in earlier discussion. Counterclaim could not be dealt with by Authority. |
| Result | Applications granted (unjustified disadvantage)(arrears of wages); Compensation for humiliation etc ($5,000); Arrears of wages ($10,800); Applications dismissed (unjustified dismissal)(practice and procedure); Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 14 |
| PDF File Link: | 2013_NZERA_Auckland_172.pdf [pdf 194 KB] |