| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 73/01 |
| Determination date | 26 October 2001 |
| Member | D Asher |
| Representation | T MacKinnon ; No appearance |
| Location | Wellington |
| Parties | Duncan v Indicator E-Commerce Ltd t/a 3WI South Pacific |
| Summary | PRACTICE AND PROCEDURE - No appearance for respondent - Failure to file statement in reply - Application for adjournment filed day before hearing - Respondent placed in receivership - Copy of application provided to applicant on morning of hearing - Appropriate in absence of good faith to decline application for adjournment - JURISDICTION - Issue regarding real nature of employment relationship - Agreement was for a contract of employment - UNJUSTIFIED DISMISSAL - Satisfied applicant's evidence credible and accurate - Undertook work after oral contract - Changes made to contract orally by respondent - Email raised several performance concerns - Employment terminated summarily over email - Respondent failed to fulfil good faith obligations - No agreement to or consideration for changes to contract - Dismissal procedurally and substantively unjustified - ARREARS OF WAGES - Failure to pay wages - Entitled to wages as set out in original contract |
| Result | Application granted ; Reimbursement of lost wages (3 months) ; Compensation for humiliation etc ($15,000) ; Reimbursement of expenses ($1,036.11) ; Arrears of wages (10 weeks) ; Costs in favour of applicant ($2,500) |
| Statutes | ERA s6(3);ERA s173(3);ERA Second Schedule cl12;Wages Protection Act s4 |
| Cases Cited | Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 659;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |