| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 211/03 |
| Hearing date | 20 Jun 2003 |
| Determination date | 10 July 2003 |
| Member | Y S Oldfield |
| Representation | K Nicolson ; No appearance |
| Location | Auckland |
| Parties | Richards v Plymouth Publications Ltd |
| Summary | UNJUSTIFIED DISMISSAL - No appearance for respondent - Respondent company was experiencing cash flow problems - Applicant stopped receiving salary payments - Interested in buying respondent company but deal not completed - Applicant made personal loan to respondent company - Company cheque books removed from applicant's drawer - Removed as signatory of company bank account - Applicant's company credit card cancelled - Served with trespass notice and told to return company property - Considered himself dismissed - Non-payment of wages amounted to repudiation of agreement - Effective removal from position without consultation or notification also repudiatory conduct - Dismissal unjustified - Remedies - Applicant's personal loan to respondent not made pursuant to employment agreement - ARREARS OF WAGES AND HOLIDAY PAY - Arrears of wages due and owing - Holiday pay due and owing - General manager |
| Result | Application granted ; Compensation for humiliation etc ($6,500) ; Arrears of wages ($18,750) ; Arrears of holiday pay ($4,628.81) ; Costs reserved |
| Number of Pages | 6 |
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