| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 51/04 |
| Hearing date | 8 Apr 2004 |
| Determination date | 11 May 2004 |
| Member | P R Stapp |
| Representation | D Perreaux ; J Fagan (In person) |
| Location | Napier |
| Parties | Smith v Fagan t/a Pinnacle Property Care |
| Summary | UNJUSTIFIED DISMISSAL - Identity of employer - Whether employed by company or respondent personally - Signed letter of engagement identifying company as employer - Involvement of employee of company in recruitment process - Some evidence of other entities referred to in documents - Engagement letter and involvement of employee determinative of identity of employer - Applicant employed by company - Respondent was ex-employee of company - Applicant out of time to raise grievance with company - Would have succeeded in dismissal claim had correct employer been claimed against - COSTS - Unsuccessful personal grievance - Respondent failed to provide relevant documents and file statement in reply - Failed to attend mediation - Applicant put to unnecessary expense - Entitled to contribution to costs plus filing fee |
| Result | Application dismissed ; Costs in favour of applicant ($500) ; Disbursements ($70)(Filing fee) |
| Number of Pages | 14 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |