| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 293/05 |
| Hearing date | 2 Aug 2005 |
| Determination date | 02 August 2005 |
| Member | V Campbell |
| Representation | G Zhang (in person) ; no appearance |
| Location | Auckland |
| Parties | Zhang v Anim8 Production Ltd |
| Summary | UNJUSTIFIED DISMISSAL - No appearance by respondent - Occurred after 1 December 2004 - Respondent alleged no employment relationship - Written employment agreement showed employment relationship existed - Whether dismissal - When applicant arrived on first day of work respondent told him project was not ready and he should go home - For two month period applicant regularly contacted respondent enquiring about start date - No pay - By not providing work, respondent dismissed applicant - Key issue whether in all circumstances actions of respondent were what fair and reasonable employer would have done - Emphasis on employer - Respondent knew contract applicant was employed to complete was not going ahead - Allowed applicant to believe job was available - Fair and reasonable employer would have met with applicant and discussed respondent's situation openly as early as first week of relationship - Dismissal unjustified - Remedies - Applicant new immigrant and suffered downgrading of credit rating - Senior storyboard artist |
| Result | Application granted ; Reimbursement of lost wages ($8,000)(2 months) ; Compensation for humiliation etc ($5,000) ; No order for costs ; Disbursements ($70)(filing fee) |
| Statutes | ERA s103A;ERA Second Schedule |
| Number of Pages | 5 |
| PDF File Link: | aa 293_05.pdf [pdf 19 KB] |