| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 40 |
| Hearing date | 21 Nov 2014 |
| Determination date | 09 February 2015 |
| Member | J Crichton |
| Representation | S A Watson (in person) ; M Kamphorst |
| Location | Auckland |
| Parties | Watson v Waitakere Playhouse Theatre Trust |
| Summary | UNJUSTIFIED DISMISSAL - Applicant claimed unjustifiably dismissed by respondent - Redundancy - Whether grant from council to pay applicant's wage - JURISDICTION - Applicant held two roles with respondent - Whether applicant's secondary role employment or contractual - Holiday pay - Theatre manager |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL: Grant from council not specifically for theatre manager wages. Genuine redundancy. Dismissal justified.;JURISDICTION: Secondary role contractual. If not contractual employment casual and holiday pay paid as part of wage. No entitlement to holiday pay. No jurisdiction. |
| Result | Applications dismissed. |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA Second schedule cl12A |
| Cases Cited | G N Hale & Sons Ltd v Wellington etc Caretakers etc IUOW [1991] 1 NZLR 151;Rittson-Thomas, (T/A Totara Hills Farm) v Davidson [2013] NZEmpC 39, [2013] ERNZ 55 |
| Number of Pages | 11 |
| PDF File Link: | 2015_NZERA_Auckland_40.pdf [pdf 171 KB] |