| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 413/04 |
| Hearing date | 1 Dec 2004 |
| Determination date | 17 December 2004 |
| Member | M Urlich |
| Representation | M Harvey ; no appearance |
| Location | Auckland |
| Parties | Kirkham v Metro Motors Holdings 2003 Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - No appearance by respondent - No written employment agreement - Applicant's unchallenged evidence accepted by Authority - Harassment and intimidation by respondent led to applicant taking stress leave - Unjustified disadvantage - UNJUSTIFIED DISMISSAL - Redundancy - Respondent criticised applicant's performance - Told redundant for financial reasons - Redundancy not genuine - Dismissal unjustified - ARREARS OF WAGES - Applicant's terms and conditions of employment carried over when new owners purchased respondent - Bonus scheme carried over - Bonus payments for four months due and owing - Respondent to provide final pay slip to enable applicant to reconcile final pay received - Leave reserved in respect of final pay - OTHER MONIES - Paid for respondent's concrete with own cheque - Entitled to be reimbursed for expense - PENALTY - Lack of written employment agreement created barrier for bringing application and investigating personal grievance - Penalty payable to Crown appropriate - Manager |
| Result | Application granted ; Reimbursement of lost wages (3 months) ; Compensation for humiliation etc ($6,000) ; Arrears of wages (Bonus payment for four months) ; Other monies (Reimbursement of expenses)($232.88) ; Penalty (Payable to Crown)($500) ; Costs reserved |
| Statutes | ERA s64;ERA s64 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |