| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 409/05 |
| Hearing date | 8 Mar 2005 - 8 Apr 2005 (2 days) |
| Determination date | 12 October 2005 |
| Member | Y S Oldfield |
| Representation | D Marriott ; D Fetherston (in person), no appearance |
| Location | Auckland |
| Parties | Van Lingen v BBBHL Ltd (formerly Hasieman Holdings Ltd) and Anor |
| Other Parties | Fetherston |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Worked for long period without receiving salary - Unjustified constructive dismissal - Remedies - Award of $10,000 compensation plus lost wages of $7,000 plus $1,100 expenses appropriate - ARREARS OF WAGES - Clear applicant owed wages of $19,231 plus expenses of $3,808 - PRACTICE AND PROCEDURE - First respondent had been struck off companies registrar - Unable to make any orders against them - Whether second respondent (director of first respondent) shared any liability - Evidence not sufficient to show that applicant worked for second respondent personally - Unable to make any orders in applicant's favour - Notwithstanding he has established a personal grievance, could do no more to assist applicant |
| Result | Application dismissed ; No order for costs |
| Number of Pages | 3 |
| PDF File Link: | aa 409_05.pdf [pdf 19 KB] |