| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 95/04 |
| Hearing date | 21 Jul 2004 |
| Determination date | 12 August 2004 |
| Member | P Cheyne |
| Representation | JM Appleyard ; M Schroeder |
| Location | Christchurch |
| Parties | Larkin v Cogito Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Identity of employer - Respondent alleged another company (CSL") employed applicant - Written employment agreement between applicant and respondent conditional on respondent issuing capital pursuant to "heads of agreement" between CSL and respondent - Condition not met - Respondent represented to investors that applicant was its operations manager - Most of applicant's work time devoted to respondent - CSL continued to pay applicant's wages until bank froze account - Thereafter respondent paid applicant's wages seven times - Applicant left after wages not paid - Permissible for two companies to jointly employ one person as occurred here - Written employment agreement never took effect but its terms provided for situation where employee might already be employed by respondent - Unnecessary to decide whether respondent became sole employer when CSL ceased paying wages - Failure to pay wages was breach of duty serious enough to justify decision to resign - Constructive dismissal - ARREARS OF WAGES - Arrears for seven weeks due and owing - COSTS - Applicant represented by wife who did not intend to charge fee - Operations Manager" |
| Result | Application granted ; Reimbursement of lost wages ($9,166.67)(2 months) ; Compensation for humiliation etc ($3,000) ; Arrears of wages ($7,403.85)(7 weeks) ; No order for costs ; Disbursements (Filing fee)($70) |
| Statutes | ERA s6 |
| Cases Cited | Inspector of Awards v Pacific Helmets Ltd [1988] NZILR 411 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |