| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 251/05 |
| Hearing date | 5 Jul 2005 |
| Determination date | 06 July 2005 |
| Member | A Dumbleton |
| Representation | DG Kerr (in person) ; no appearance |
| Location | Auckland |
| Parties | Kerr v Corporate Media and Publications Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - No appearance by respondent - First week of job intended to be trial but applicant obtained respondent's agreement to be paid - Upon completion of trial was asked to return for second week - Respondent failed to provide applicant with promised support necessary for job to be performed - Salary not paid - Reasonable for applicant to regard himself as constructively dismissed - ARREARS OF WAGES - Applicant entitled to arrears of wages, commission and petrol and car allowance for first week of employment - Entitled to salary and wages in lieu of notice for second week of employment - ARREARS OF HOLIDAY PAY - Entitled to annual holiday pay of 6% total remuneration - Business development manager |
| Result | Application granted ; Arrears of wages ($1,538)(salary) ; ($1,000)(commission) ; ($218.75)(petrol and car allowance) ; Arrears of holiday pay ($152.28) ; Compensation for humiliation etc ($5,000) ; Filing fee ($70) |
| Statutes | ERA Second Schedule cl12 |
| Number of Pages | 2 |
| PDF File Link: | aa 251_05.pdf [pdf 8 KB] |