| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 105 |
| Hearing date | 5 Jun 2013 |
| Determination date | 10 June 2013 |
| Member | D Appleton |
| Representation | G Burness ; no appearance |
| Location | Christchurch |
| Parties | Tiplady-Prasad v Broad |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – PRACTICE AND PROCEDURE – Identity of employer – Whether applicant employed by bakery or respondent - UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – No employment agreement – Respondent failed on multiple occasions to supply enough fuel for delivery run – Applicant did not complete delivery run due to lack of fuel – Respondent claimed applicant raised voice at bakery manager and issued applicant trespass notice – ARREARS OF WAGES – Applicant sought arrears of wages – COSTS – Applicant sought contribution towards costs - No appearance for respondent – Delivery driver |
| Abstract | AUTHORITY FOUND;JURISDICTION: Mutuality of obligation. Applicant employee.;PRACTICE AND PROCEDURE: Respondent contracted by bakery. Applicant employed by respondent.;UNJUSITFIED DISMISSAL: Respondent’s decision to trespass applicant and make applicant unable to carry out duties. Process not fair or reasonable. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $10,650 reimbursement of lost wages. $4,000 compensation appropriate.;ARREARS OF WAGES: Respondent to pay applicant $1,800 arrears of wages.;COSTS: Length of investigation meeting not specified. Respondent to pay applicant $1,500 contribution towards costs. |
| Result | Applications granted ; Reimbursement of lost wages ($10,650) ; Compensation for humiliation etc ($4,000) ; Arrears of wages ($1,800) ; Costs in favour of applicant ($1,500) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA – ERA s103A – ERA s103A(2) – ERA s103A(3) – ERA s124 - ERA s128 – ERA s128(2) - ERA s128(3) |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Christchurch_105.pdf [pdf 128 KB] |