| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 116/04 |
| Hearing date | 26 Aug 2004 |
| Determination date | 27 August 2004 |
| Member | D Asher |
| Representation | G Ogilvie ; M Chow |
| Location | Wellington |
| Parties | Fargo v B & M Entertainment |
| Summary | JURISDICTION - Whether employee or independent contractor - No written employment agreement produced - Not possible to establish parties' common intention - Applicant intended to be employee - Control, integration and fundamental tests favoured applicant - Employee - UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Applicant alleged asked by duty manager to put signature on blank piece of paper for security reasons - Alleged someone wrote words of resignation above signature - Alleged told by security manager that director no longer wanted him to work - Respondent genuinely but wrongly believed able to dispense with applicant's services while it rearranged its affairs - No resignation - Dismissal unjustified - Security person |
| Result | Application granted ; Reimbursement for lost wages ($6,374.46)(12 weeks) ; Compensation for humiliation, etc ($6,000) ; Costs reserved |
| Statutes | ERA s6(3) |
| Cases Cited | Bryson v Three Foot Six Ltd [2003] 1 ERNZ 581 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |