Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 11/02
Determination date 23 January 2002
Member R A Monaghan
Representation R Oldham ; S Blackwell ; No appearance
Location Auckland
Parties Phillips v Computer Exchange Corporation (NZ) Ltd
Other Parties Computer Exchange Ltd
Summary PRACTICE AND PROCEDURE - Remedies - Supplementary determination - Successful unjustified dismissal claim - Second respondent joined as party in unjustified dismissal determination - Granted opportunity to make submissions regarding remedies - No submissions filed - Applicant awarded reimbursement of lost wages and compensation for humiliation - Claim for holiday pay commenced in April 1995 - Dealt with under Employment Contracts Act 1991 - Authority member appointed to exercise jurisdiction of Employment Tribunal in respect of the matter - Evidence in support of claim not accurate account - No leave record maintained by second respondent - Claim accepted as proved - JURISDICTION - Claim in respect of monies advanced in capacity as director and shareholder dismissed as Authority had no jurisdiction
Result Application granted ; Reimbursement of lost wages ($15,000)(3 months) ; Compensation for humiliation etc ($8,000) ; Arrears of holiday pay ($14,940.50) ; Costs reserved
Statutes ECA s50;ERA s132;ERA s142;ERA s242;ERA s252
Number of Pages 3
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