| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 323 |
| Hearing date | 22 Apr 2013 |
| Determination date | 29 July 2013 |
| Member | J Crichton |
| Representation | D Vinnicombe ; Appearance excused, no appearance |
| Location | Tauranga |
| Parties | Jones v Force 10 Ltd and Anor |
| Other Parties | BVS Fresh Produce Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Business transferred from first to second respondent - Whether employment relationship with first respondent ended – Applicant assisted with stocktake following sale – Applicant continued working for second respondent - Whether applicant dismissed over phone – Applicant given final pay by first respondent – Cost of final pay shared between respondents - UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondents – Whether applicant assured job secure – No appearance for respondents |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: First respondent had employment relationship with applicant following sale of business. Applicant continued to assist first respondent with stock take and accounts. Private arrangement between first respondent and applicant following sale of business. Applicant worked one or more days for second respondent. Applicant employed by second respondent at time of dismissal.;UNJUSTIFIED DISMISSAL: Respondents accused each other of bad faith. Both respondents under obligation to make clear no further employment. Applicant only innocent party. Dismissal unjustified. REMEDIES: Liability halved between respondents. $6,000 compensation appropriate. Respondents to pay applicant $6,000 reimbursement of lost wages |
| Result | Applications granted ; Compensation for humiliation etc ($6,000); Reimbursement of lost wages ($6,000); Costs reserved; Disbursements in favour of applicant ($72)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s4 – ERA s124 |
| Cases Cited | Colosimo v Parker (2007) 8 NZELC 98,622;Frost v Cullen [2012] NZERA Christchurch 43;Mehta v Elliot [2003] 1 ERNZ 451 |
| Number of Pages | 12 |
| PDF File Link: | 2013_NZERA_Auckland_323.pdf [pdf 178 KB] |