| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 291 |
| Hearing date | 5 Jun 2014 |
| Determination date | 09 July 2014 |
| Member | G J Wood |
| Representation | M Harrison ; M Sperry |
| Location | Whakatane |
| Parties | Goldsmith-Jennings v Gonet Communications Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Respondent claimed applicant resigned to take up study and resumed work as contractor for ten hours per week until services no longer required - COUNTERCLAIM - RECOVERY OF MONIES - Respondent sought recovery of monies for advances and other costs - Respondent sought recovery of annual leave not debited - Alleged abuse of sick leave - COUNTERCLAIM - INJUNCTION - Respondent sought return of company property - Whether applicant misappropriated respondent's property - Technical support engineer |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: No contract of services entered into that would change real nature of relationship. Respondent stopped providing work because it genuinely considered it did not need applicant's assistance. Applicant made redundant but with no consultation. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $2,600 reimbursement of lost wages. $4,000 compensation appropriate. $845 compensation appropriate for loss of course subsidy benefit.;COUNTERCLAIM - RECOVERY OF MONIES: Parties agreed applicant owed respondent monies. Applicant agreed to deductions. Insufficient evidence to show either party owed payment for holiday pay. Money still owing on agreement to repay monies for advances and other costs. Applicant to pay respondent $2,250 recovery of monies.;COUNTERCLAIM - INJUNCTION: No misappropriation of respondent's property. Applicant accepted applicant had respondent's property and was willing to return property. Authority ordered applicant return respondent's property. |
| Result | Applications granted; Reimbursement of lost wages ($2,600); Compensation for humiliation etc ($4,000); Compensation for loss of benefit ($845)(course subsidy); Recovery of monies ($2,250); Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Auckland_291.pdf [pdf 101 KB] |