| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 3 |
| Hearing date | 22-Dec-15 |
| Determination date | 22 December 2015 |
| Member | Eleanor Robinson |
| Representation | R Ingram ; W Jackson |
| Location | Auckland |
| Parties | Gin-Cowan v Te Whare Wananga o Muma Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES – Applicant sought arrears of wages - Early childhood teacher |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Applicant returned signed employment agreement (“EA”). EA did not state subject to proviso of satisfactory references. Offer and acceptance of EA occurred. Mutual intention to create legal relations apparent. Certainty of terms in EA. Employment had commenced before dismissal. Applicant employee.;UNJUSTIFIED DISMISSAL: EA contained valid trial provision. Applicant unable to raise personal grievance for unjustified dismissal. Applicant justifiably dismissed.;ARREARS OF WAGES: Applicant entitled to be paid 4 weeks’ notice in accordance with EA. Respondent to pay applicant $5,786 arrears of wages. |
| Result | Application granted (arrears of wages) ; Arrears of wages ($5,786.85) ; Application dismissed (unjustified dismissal) ; Disbursements in favour of applicant ($71.56) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s5;ERA s6;ERA s6(1)(b)(ii);ERA s6(2);ERA s67A;ERA s67B |
| Cases Cited | Nelson v Porirua Community Law Resource Centre Inc [1993] 2 ERNZ 1109 (EmpC) |
| Number of Pages | 10 |
| PDF File Link: | 2016_NZERA_Auckland_3.pdf [pdf 188 KB] |