| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 100/03 |
| Hearing date | 8 Jul 2003 |
| Determination date | 15 July 2003 |
| Member | D Asher |
| Representation | T O'Shea ; K Sagaga, S Gill |
| Location | Wellington |
| Parties | Crawford v Airport Shuttles Ltd & Ors |
| Other Parties | Jenner, Geoff Neal t/a AP Shuttles |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Triangular employment relationship - Identity of employer - First and second respondents provided work - Third respondent provided wages and vehicles - Objectively viewed third respondent was employer - Breached first and second respondents' company policy - First and second respondent purported to dismiss applicant - Third respondent forced to dismiss applicant - Dismissal procedurally unfair - Third respondent liable for dismissal - Remedies - Parties to reach agreement as to quantum of reimbursement of lost wages - Contributory conduct - Compensation reduced by 25 percent - PENALTY - First and second respondents induced, aided and abetted breach of employment agreement - Penalty appropriate |
| Result | Application granted ; Compensation for humiliation etc ($4,000 reduced to $3,000) ; Penalty ($5,000)(Payable by first and second respondents)(Payable to applicant) ; Costs reserved |
| Statutes | ERA s6(2);ERA s134(2);ERA s134(2);ERA s160(2) |
| Cases Cited | Drummond v Coca Cola Bottlers NZ [1995] 2 ERNZ 229;Feature Furniture Ltd and Anor v Anderson and Ors unreported, Goddard CJ, 24 August 1995, AEC 85/95;Jury (formerly Mana) v Fonseca [1998] 2 ERNZ 548;Mehta v Elliott (Labour Inspector) [2003] 2 ERNZ 451;NZ Timber Industry IUOW v Waimate Timber Co Ltd [1990] 1 NZILR 985;Ruffell v Women's Refuge Sexual Assault Resource Centre Marlborough Inc [2002]1 ERNZ 409 |
| Number of Pages | 14 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |