Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 313/03
Hearing date 4 Aug 2003
Determination date 17 October 2003
Member J Wilson
Representation R Harrison ; P Drummond
Location Auckland
Parties Nankivell v TBL Developments Ltd t/a DTA Performance Consulting Group NZ
Summary COMPLIANCE ORDER - Alleged non-payment of redundancy notice - Whether redundancy or resignation - Unprofitable to maintain office - Applicant refused request to work from home - Requirement of office condition of employment - Removal of condition meant applicant's position redundant - Applicant entitled to redundancy notice - RECOVERY OF MONIES - Counterclaim - Alleged money owing for private phone call made on respondent's phone - Money due and owing - Alleged deliberate and malicious deletion of computer files meant incurred computer expert expenses - Amounts to be deducted from redundancy compensation
Result Application granted ; Compliance ordered ; Counterclaim granted ; Orders accordingly ; Costs reserved
Cases Cited ERA s124
Number of Pages 7
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