| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 326/04 |
| Hearing date | 27 May 2004 |
| Determination date | 01 October 2004 |
| Member | K J Anderson |
| Representation | B Nabney ; J Peebles |
| Location | Auckland |
| Parties | Thompson v Kristensen and Anor |
| Other Parties | Kristensen |
| Summary | UNJUSTIFIED DISMISSAL - Agreed that applicant could bring 10 cows with him to respondent's farm - Applicant alleged problems with cows' health caused by respondent's cows - Alleged respondents had put curse on his cows - Evidence of applicant not credible - Agreement between parties that applicant and cows leave and respondent pay $1,500 - Applicant subsequently withdrew from agreement on basis wanted more money - Respondent then accepted applicant would remain in employment but cows had to go - Applicant left of own free will - ARREARS OF WAGES AND HOLIDAY PAY - Monies due and owing - Interest 7 percent - Leave reserved to return to Authority if found amounts not correct and no agreement reached - PENALTY - No written employment agreement - No deliberate intent on part of respondent - Claim dismissed - Farm assistant |
| Result | Application dismissed (Unjustified dismissal and penalty) ; Application granted (Arrears of wages and holiday pay) ; Arrears of wages ($615.38) ; Arrears of holiday pay ($250.34) ; Interest (7 percent) ; Costs reserved |
| Statutes | ERA s65 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |