| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 50/06 |
| Hearing date | 27 Mar 2006 |
| Determination date | 28 March 2006 |
| Member | D Asher |
| Representation | M Andrews ; no appearance |
| Location | Palmerston North |
| Parties | Nuku v Awa Mira Freightline Ltd and Anor |
| Other Parties | Shackleton |
| Summary | JURISDICTION – Respondents correctly identified jointly and severally as applicant’s employer due to doctrine of undisclosed principal – Second respondent failed to make true identity of employer clear to applicant at outset of employment - UNJUSTIFIED DISMISSAL – Alleged applicant “suspended indefinitely” without warning – Respondent claimed applicant intended to quit or that services no longer required due to performance issues and inappropriate behaviour – No appearance for respondent – Applicant’s employment terminated arbitrarily, without warning or specificity as to alleged performance issues – Unjustified dismissal – Respondents acted with bad faith throughout proceedings by failing to cooperate with Employment Relations Authority’s efforts to progress matter - Remedies – Respondents jointly and severally liable for all remedies - COSTS – Additional costs resulted from respondents’ late appointment of counsel and abandonment of attempt to pursue settlement – Appropriate to award costs in favour of applicant – Length of service two weeks – Driver |
| Result | Application granted ; Reimbursement of lost wages ($12,560)(20 weeks) ; Compensation for humiliation etc ($10,000) ; Costs in favour of applicant ($2,000) |
| Statutes | ERA s124;ERA s128(3);ERA s160 |
| Cases Cited | Cuttance v Purkis [1994] 2 ERNZ 321 |
| Number of Pages | 7 |
| PDF File Link: | wa 50_06.pdf [pdf 30 KB] |