| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 81A/05 |
| Hearing date | 21 Jul 2005 |
| Determination date | 14 October 2005 |
| Member | Y S Oldfield |
| Representation | AH Jooste (applicant in person) ; D Fetherston (respondent in person) |
| Location | Auckland |
| Parties | Jooste v Fetherston and Ors |
| Other Parties | Fetherston, Risk Management Holdings Ltd, BBBHL Ltd, Automated Maintenance Holdings Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Meeting between applicant and first respondent - First respondent requested return of company property, purported to dismiss applicant as a director and threatened to bring in police - Amounted to a sending away - Unjustified dismissal - ARREARS OF WAGES - Arrears of wages due and owing - Whether share purchase agreement and its successor were incorporated into employment agreement - Did form part of terms and conditions of employment - Applicant had paid $96,000 of the share purchase price - Entitled to reimbursement of that amount - Identity of employer - Third and fifth respondents were employer and were jointly and severally liable for amounts owing |
| Result | Application granted ; Arrears of wages ($202,000) ; ($96,000)(Reimbursement of share purchase price) ; Reimbursement of lost wages ($60,000)(Three months) ; Reimbursement of expenses ($4,000)(Three months) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Number of Pages | 5 |
| PDF File Link: | aa 81a_05.pdf [pdf 27 KB] |