| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 258/05 |
| Hearing date | 7 Jul 2005 |
| Determination date | 11 July 2005 |
| Member | Y S Oldfield |
| Representation | R Ingram ; no appearance |
| Location | Auckland |
| Parties | Davis and Anor v First Homes (2002) NZ Ltd |
| Other Parties | Harris |
| Summary | JURISDICTION - First applicant withdrew employment relationship problem prior to investigation meeting - Whether second applicant employee or independent contractor - No appearance for respondent - Respondent's statement in reply made no reference to applicant as contractor and appeared to accept Authority's jurisdiction - Applicant was employee - UNJUSTIFIED DISMISSAL - Redundancy - Applicant given pre-dated letter of dismissal alleging position no longer financially sustainable - No consultation or prior warning - Applicant ceased work that day - Respondent ceased trading and in poor financial state - Genuine redundancy - Date on dismissal letter showed respondent considering termination for fortnight before actually carried out - Level of consultation and forewarning necessary depended on size and resources of employer and on whether redundancies due to planned restructure or response to crisis situation - Even most critical situation required some effort to consult - Minimum effort necessary not made by respondent - Dismissal procedurally unjustified - Applicant entitled to compensation for lack of notice and consultation - ARREARS OF WAGES AND HOLIDAY PAY - Applicant not paid for final two days work or any wages in lieu of notice - Holiday pay not received - Arrears of wages and holiday pay due and owing - Building project supervisor |
| Result | Applications granted ; Arrears of wages ($476 gross)(2 days) ; ($1,400 gross)(1 week's pay in lieu of notice) ; Arrears of holiday pay ($3,875.09 gross) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Number of Pages | 4 |
| PDF File Link: | aa 258_05.pdf [pdf 21 KB] |