| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 4/02 |
| Determination date | 16 January 2002 |
| Member | P R Stapp |
| Representation | P Cole ; R Wurster |
| Location | Auckland |
| Parties | Port v Call Stratum Pty Ltd |
| Other Parties | Richter, Dawson |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Summarily dismissed after communication contract terminated - Accused of being disloyal - Jurisdiction - Whether third applicant an employee or contractor - Wages paid according to invoice - Intention to be contractor - Real nature of relationship was that of employment - Required to follow instructions under supervision - Performed same tasks as employees of respondent - Third applicant an employee - Whether bonus due and owing to first applicant - No written terms for payment - Bonus conditional on communication contract and performance - No legitimate claim for bonus - Whether dismissals justified - Treated unfairly - Failed to give notice of redundancy - Had plenty of warning and opportunity to discuss notice and options - Details of disloyalty not put to applicants - Dismissals procedurally unfair and unjustified - ARREARS OF WAGES AND HOLIDAY PAY - Accountant not available for investigation meeting - Conceded second applicant's evidence could be relied on - Wages and holiday pay due and owing - PENALTY - Inappropriate to order penalty - Telephone account managers |
| Result | Application granted ; Reimbursement of lost wages ($800)(First applicant)(Notice) ; ($1,600)(Second applicant)(Notice) ; ($1,600)(Third applicant)(Notice) ; Compensation for humiliation etc ($3,500)(First applicant) ; ($3,500)(Second applicant) ; ($3,500)(Third applicant) ; Arrears of wages ($1,245.34)(First applicant) ; ($200)(Second applicant) ; ($960)(Third applicant) ; Arrears of holiday pay ($600)(First applicant) ; Interest (4.88 percent) ; Costs in favour of applicants ($1,140) |
| Number of Pages | 7 |
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