| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 138/04 |
| Hearing date | 16 Jan 2004 |
| Determination date | 22 April 2004 |
| Member | J Wilson |
| Representation | G Rothwell ; B Quarrie |
| Location | Auckland |
| Parties | Oldham v Jan Bain Holdings |
| Summary | UNJUSTIFIED DISMISSAL - Alleged unjustified dismissal and disadvantage - Business sold to new owner - Not sold as going concern - Employment ceased when motel sold - Dispute over whether applicant told could stay in position for three months only and would have to vacate accommodation - Applicant tacitly accepted three month term by continuing to manage motel - Requirement to vacate accommodation not initially known by applicant - Manner in which respondent advised applicant of withdrawal of fundamental condition of employment was unfair and unjustified - Applicant had legitimate expectation employment would continue beyond three months and that accommodation not in jeopardy - Accommodation integral part of employment - Bullied into terminating employment - Subsequent attempts to undermine applicant's credibility amounted to continued demonstration of unjustified behaviour - Remedies - Since respondent disestablished position previously held by applicant not appropriate to award lost wages - ARREARS OF HOLIDAY PAY - Holiday Pay of $1,393.62 due and owing - Interest 7.5 percent - COUNTERCLAIM - Respondent alleged applicant caused damage to respondent including by poor management and accounting practices - No evidence to support accusations - Belated attempt to justify respondent's behaviour and undermine applicant's credibility - Motel Manager |
| Result | Application granted ; Compensation for humiliation etc ($10,000) ; Arrears of holiday pay ($1,393.62) ; Interest 7.5 percent ; Costs reserved |
| Statutes | Residential Tenancies Act 1986 |
| Number of Pages | 6 |
| PDF File Link: | aa 138_04.pdf [pdf 36 KB] |