Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 73/04
Hearing date 18 May 2004
Determination date 13 July 2004
Member H Doyle
Representation R Davidson ; P Shaw
Location Christchurch
Parties Fox v Kelly and Anor t/a Bohemian Cafe & Bar""
Other Parties Kelly
Summary UNJUSTIFIED DISMISSAL - Oral employment agreement - Whether casual or permanent employee - Identity of employer - Applicant employed by respondents acting as agents for company - Agents failed to disclose principal - Applicant able to bring claim against respondents personally - Regular rostered hours meant applicant was permanent part-time employee not casual - Summarily dismissed for poor performance - Dismissal unjustified
Result Application granted ; Reimbursement of lost wages ($262.50)(1 week) ; Compensation for humiliation etc ($6,000) ; Costs reserved
Statutes ERA s65
Number of Pages 6
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