| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 223 |
| Hearing date | 24 Oct 2013 |
| Determination date | 30 October 2013 |
| Member | M B Loftus |
| Representation | G Keenan ; D Jackson |
| Location | Oamaru |
| Parties | Franklin v C W Ludwig Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Respondent asked applicant to remove dogs as alleged dangerous - Applicant left with dogs - Whether applicant dismissed or resigned - COUNTERCLAIM - RECOVERY OF MONIES - Respondent sought recovery of monies for repairs to respondent's vehicles and cleaning of accommodation occupied by applicant - Applicant claimed accommodation left clean |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant's evidence inconsistent. Respondent's evidence preferred. No dismissal.;COUNTERCLAIM - RECOVERY OF MONIES: Evidence showed applicant accepted responsibility and paid for repairs for tractor. No concession of liability for motorbike repair. Employment agreement not signed. Cleaning claim should sit with Tenancy Tribunal. No recovery of monies. |
| Result | Applications dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Residential Tenancies Act 1986 s77 |
| Number of Pages | 5 |
| PDF File Link: | 2013_NZERA_Christchurch_223.pdf [pdf 150 KB] |