| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 37/03 |
| Hearing date | 21 Mar 2003 |
| Determination date | 17 April 2003 |
| Member | P Cheyne |
| Representation | B Whiting ; M Teague |
| Location | Christchurch |
| Parties | Taylor v Peak Fitness Ltd t/a Peak Fitness Gym |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Identity of employer - Application to join owners of respondent declined - Changes made after new manager employed - Manager offered new contract for independent contractor status - Applicant refused to sign - Summarily dismissed - Dismissal unjustified - Acceptance of holiday pay at termination of employment did not amount to full and final settlement of all issues - No personal grievance raised at time of acceptance of holiday pay - No consideration received as applicant was simply enforcing statutory right to payment - Costs - Respondent's refusal to mediate relevant to costs award - Gym instructor/receptionist |
| Result | Application granted ; Reimbursement of lost wages (Quantum reserved) ; Compensation for humiliation etc ($7,500) ; Costs reserved |
| Statutes | Companies Act 1993 s25(1)(b);Companies Act 1993 s25(2);Companies Act 1993 s25(2)(c);Companies Act 1993 s25(2)(d) |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |