| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 60/01 |
| Determination date | 05 September 2001 |
| Member | P R Stapp |
| Representation | Rathbun in person & W Rathbun ; B Corlett |
| Location | Wellington |
| Parties | Rathbun v Tan t/a Accord Maintenance |
| Other Parties | Accord Maintenance Services Ltd, C & T Electrical Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Jurisdiction - Whether employee or independent contractor - Originally employed as independent contractor - Position changed but no employment contract signed - Fixed hours and pay - Real nature of relationship was that of employer and employee - Identity of employer - No evidence to contradict that second respondent was employer - Misconduct - Summarily dismissed in car park for taking keys home - Dismissal substantively and procedurally unjustified - Receptionist |
| Result | Application granted ; Reimbursement of lost wages ($2,800)(3 months) ; Compensation for humiliation etc ($2,000) ; No order for costs |
| Statutes | ERA s6;ERA s103;ERA s221;ERA Second Schedule cl12;ERA Second Schedule cl15 |
| Cases Cited | Drummond v Coca Cola Bottlers NZ [1995] 2 ERNZ 229;Hook v JB's Contractors Ltd unreported, J Wilson, 22 March 2001, AA 21/01;Koia v Carlyon Holdings Ltd [2001] ERNZ 585;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;Read v Air New Zealand Ltd [1991] 3 ERNZ 139 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |