| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 402/05 |
| Hearing date | 20 Jul 2005 |
| Determination date | 10 October 2005 |
| Member | K J Anderson |
| Representation | I Peterson ; J McCleary |
| Location | Auckland |
| Parties | Hunter and Anor v McKay |
| Other Parties | Teddy |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Arrangement for first applicant to bring cows he owned onto respondent's property where were integrated (though still owned by first applicant) - Breakdown in relationship - Confronted about stock breakout - Were leave days owing - Dispute over conversation relating to days owing - Applicant said was dismissed and respondent said applicant quit - Preferred respondent's evidence - Resignation - No dismissal - Second applicant was not dismissed but rather followed first applicant - ARREARS OF WAGES AND OTHER MONIES - Employment agreement provided for two separate bonuses if certain targets met - Targets were met - Agreement that applicant pay respondent for farm bike and that amount to be taken off bonus - Amounts offset - Bonus of $750 due and owing to applicant after monies owing for bike deducted - Applicant entitled to be reimbursed for $414 for livestock improvement expenses - Claim that was damage to his cows not proven and declined - Accepted that respondent would pay for dead cow - No tangible evidence to support claims for time and a half payments - COUNTERCLAIM - Respondent counterclaimed for loss of income due to applicant removing cows - No financial loss proven - Claim dismissed - COSTS - Costs to lie where they fall - Herd manager and assistant |
| Result | Application dismissed ; Reimbursement of expenses ($414.80) ; Arrears of wages ($750)(Bonus after amount for vehicle deducted) ; ($1,000)(Dead cow) ; Costs to lie where they fall |
| Number of Pages | 8 |
| PDF File Link: | aa 402_05.pdf [pdf 48 KB] |