| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 355/04 |
| Hearing date | 13 Oct 2004 |
| Determination date | 04 November 2004 |
| Member | M Urlich |
| Representation | AR Cowan (in person), SM Denize (in person) ; R Korako, D Benson, M Reedy, T Kokako |
| Location | Auckland |
| Parties | Cowan and Anor v Malcolm Harker Ltd |
| Other Parties | Denize |
| Summary | JURISDICTION - Alleged respondent had voluntarily ceded to an incorporation within terms of but not under Te Ture Whenua Maori Act 1993 - Alleged Authority had no jurisdiction as Whangarei fell within boundary of Kaipara Native District and incorporation fell under jurisdiction of Kaipara Native District - Respondent limited liability company properly registered still subject to Parliament's laws - Authority had jurisdiction - UNJUSTIFIED DISMISSAL - Applicants presented with employment agreement with pay decrease - Told to sign within 24 hours or be dismissed - Signed agreements repudiated by director tearing them up - No explanation for dismissal - Dismissal unjustified - Office manager and production/warehouse manager |
| Result | Application granted ; Reimbursement of lost wages (3 months)(per applicant) ; Compensation for humiliation, etc ($6,000)(per applicant) ; Filing fee ($70) ; Costs reserved |
| Statutes | Constitution Act 1852;Maori Incorporations Constitution Regulations 1994;Native Districts Regulations Act 1858;Te Ture Whenua Maori/Maori Land Act 1993 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |