| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 197/01 |
| Determination date | 26 November 2001 |
| Member | J Wilson |
| Representation | M Meyrick ; No appearance |
| Location | Auckland |
| Parties | Ms A v Rullo t/a Casablanca |
| Other Parties | The Cottage Club, Club Casanova Ltd |
| Summary | PRACTICE AND PROCEDURE - Publication of applicant's identity prohibited - No appearance for respondents - No statements in reply filed - Representative of third respondent overseas - No request to postpone investigation meeting - Justice best served by proceeding with investigation - UNJUSTIFIED DISMISSAL - Jurisdiction - Whether employee or contractor - Signed contract as subcontractor - Paid hourly rate - Tax deducted from pay - Subject to prearranged roster - Applicant was employee - Identity of employer - Employed by first respondent for two separate periods and third respondent for another period - Not employed by second respondent - Dismissed by first respondent without warning or opportunity to respond - Dismissal unjustified - New position obtained immediately - No compensation for lost wages - Entitled to one week's pay in lieu of notice - First respondent liable for remedies - ARREARS OF HOLIDAY PAY - Whether holiday pay due and owing - Conservative approach given limited evidence - Holiday pay included in hourly rate during period employed by third respondent - No written contracts for periods employed by first respondent - Entitled to payment for annual holidays during those periods - Insufficient evidence of work on statutory holidays - No payment owing for statutory holidays - COSTS - ï¾½ day meeting - Long time taken to establish correct respondents - Entitled to reasonable contribution to total costs of $2,945 - First respondent liable for costs award |
| Result | Application granted in part ; Reimbursement of lost wages ($600)(One week) ; Compensation for humiliation ($3,500) ; Arrears of holiday pay ($6,769) ; Costs in favour of applicant ($1,500) |
| Statutes | ERA Second Schedule cl10;ERA Second Schedule cl12 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |