| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 186/05 |
| Hearing date | 29 Nov 2005 |
| Determination date | 01 December 2005 |
| Member | D Asher |
| Representation | G Ogilvie ; S Scott |
| Location | Wellington |
| Parties | Aiken v WTL Carriers Ltd |
| Summary | UNJUSTIFIED DISMISSAL - ARREARS OF WAGES - Respondent alleged it never employed applicant - Applicant was employed by company WTL" and owned 1 of 500 shares in WTL - Other 499 shares owned by applicant's son - Son signed sale and purchase agreement with respondent in respect of vehicles and customer accounts - Respondent alleged it told applicant it would not be offering him full-time, permanent work but offered him casual employment which he refused - Son alleged there was an oral agreement that respondent would employ all of WTL's staff including applicant - Applicant alleged that son advised him he would work for respondent - Respondent took charge of business on day before possession and met all costs of day's trading except for applicant's wages - Applicant alleged he should be paid for that day and was unjustifiably dismissed - No employment relationship existed between parties - Reality was that WTL did not meet its legal and contractual obligations to its staff including giving notice - Authority did not accept employment relationship resulted from applicant working on one day - Applicant remained employee of WTL and what occurred was by fait accompli and not by prior agreement - Could be said that applicant as director failed to meet obligations he owed himself as employee" |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s69K |
| Number of Pages | 6 |
| PDF File Link: | wa 186_05.pdf [pdf 25 KB] |