| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 287/03 |
| Hearing date | 25 Aug 2003 - 26 Aug 2003 (2 days) |
| Determination date | 22 September 2003 |
| Member | J Wilson |
| Representation | B Spong ; P Tremewan, B McCarthy |
| Location | Auckland |
| Parties | Stowers v Auto Point Ltd & Ors |
| Other Parties | Auto Point Kelston Ltd, Kane, Auto Point Wholesale Ltd, Auto Point Service Centre Ltd |
| Summary | PRACTICE AND PROCEDURE - Identity of employer - Employed by first respondent - No reason to lift corporate veil - Owner of first respondent not liable - ARREARS OF WAGES - No written employment agreement - Whether oral agreement for payment of commission - Letter to bank signed by owner set out commission payments owing - Credibility - Respondent's evidence preferred - No arrears of wages - UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Letter of resignation - Resignation withdrawn with owner's consent - Termination of employment amounted to dismissal - No fair process - Dismissal unjustified - Remedies - Attempted to hold possession of vehicles as surety - Actions occurred after dismissal - No contributory conduct - Manager |
| Result | Application granted (Unjustified dismissal) ; Application dismissed (Arrears of wages) ; Reimbursement of lost wages (2 weeks) ; Compensation for humiliation etc ($7,500) ; Costs reserved |
| Statutes | ERA s124 |
| Cases Cited | Jury (formerly Mana) v Fonseca [1998] 2 ERNZ 548;Square 1 Service Group Ltd v Butler [1994] 1 ERNZ 667 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |