| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 6/03 |
| Hearing date | 16 Aug 2002 - 21 Oct 2002 (3 days) |
| Determination date | 06 January 2003 |
| Member | R A Monaghan |
| Representation | T Drake ; D Venter |
| Location | Auckland |
| Parties | Prins & Anor v Tirohanga Rural Estates Ltd |
| Other Parties | Prins |
| Summary | UNJUSTIFIED DISMISSAL - Whether employed on fixed term agreement - Whether genuine reasons for terminating agreement - Respondents purchased business - Parties entered into 4 month interim agreement - Sought to extend agreement to 12 months - Parties failed to conclude new agreement - Applicants replaced by new interested party - Replacement was on similar terms to applicants - No genuine reason for replacement - Dismissal unjustified - Remedies - First applicant suffered illness - Would have impeded ability to work - Not entitled to lost wages - SEXUAL HARASSMENT - Alleged persistent sexual harassment by respondents' director - Inappropriate comments made - Comments amounted to sexual harassment - Comments on minor scale - Entitled to compensation for comments - ARREARS OF HOLIDAY PAY - Alleged non-payment for days in lieu - Arrears due and owing - PENALTY - Penalty sought for alleged breach of good faith - Alleged intentionally misled applicants - No penalty available for breach of good faith - Breach of good faith could amount to breach of employment agreement - Penalty available for breach of employment agreement - Penalty appropriate - Motel operators |
| Result | Application granted ; Arrears of holiday pay (4 days) ; Compensation for hurt and humiliation ($8,500) ; Penalty ($4,000)(Payable to applicants) ; Costs reserved |
| Number of Pages | 11 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |