| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 173/06 |
| Hearing date | 2 May 2006 |
| Determination date | 16 May 2006 |
| Member | M Urlich |
| Representation | K Andersen ; no appearance |
| Location | Auckland |
| Parties | Kennedy v Stockman and Anor |
| Other Parties | Human Resources Integrated Solutions Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Contracting relationship between applicant and second respondent – Agreed applicant to become employee from certain date – One week after employment commenced applicant informed by email that employment to end for financial reasons – First respondent subsequently wrote to applicant asserting he had resigned - Finish date arranged for approximately three weeks later - First respondent acting as agent of second respondent when offered employment to applicant – Correct employer second respondent - Email amounted to dismissal – No indication prior to dismissal that second respondent could not afford to pay applicant – No discussion with applicant or opportunity to comment – Dismissal unjustified – Remedies - Circumstances aggravated by first respondent’s attempt to rename dismissal as resignation - ARREARS OF WAGES – Applicant never received salary - Applicant entitled to outstanding salary - Reasonable notice in circumstances would be one month – However no basis for ordering recovery of wages in lieu of notice for period greater than three weeks already negotiated by parties – Length of service four weeks – Development manager |
| Result | Applications granted ; Arrears of wages ($6,666.66 gross) ; Compensation for humiliation etc ($1,500) ; Costs reserved |
| Statutes | ERA s65;ERA s131 |
| Number of Pages | 4 |
| PDF File Link: | aa 173_06.pdf [pdf 20 KB] |