| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 10/02 |
| Determination date | 24 January 2002 |
| Member | G J Wood |
| Representation | M Dawson ; M Gould |
| Location | Wellington |
| Parties | Beetham v Recsporlei International Inc t/a Te Wananaga O Whanake Rangataua |
| Summary | PRACTICE AND PROCEDURE - Two applications by two groups of applicants heard together for convenience - Non-appearance of two applicants - One applicant's claim adjourned - One applicant's claim dismissed - Two applicants withdrew claims - ARREARS OF WAGES - Whether permanent employees - Whether independent contractors or employees on fixed term - Told at pre-employment interview that employment for fixed term - Wages claimed for two days taken as special leave - Payment made prior to investigation meeting - Claim dismissed - UNJUSTIFIED DISMISSAL - Redundancy - Jurisdiction - Whether employees or independent contractors - No written contract of employment - Intention not conclusive - High degree of control - Clear that applicants not in business on own account - Real nature of relationship that of employee/employer - Fixed term agreements - Sale of business - Genuine redundancy - Nothing in agreement allowing employment to terminate before expiry date - Dismissed without consultation - Entitled to payment up until expiry date of fixed term - Tutors |
| Result | Application dismissed (WEA 290/01 & SG) ; Application granted (WEA 380/01) ; Application adjourned (KN) ; Application withdrawn (JH & KK) ; Reimbursement of lost wages (Quantum to be determined by parties)(RB, LR & JS) ; Compensation for humiliation etc ($4,000)(RB) ; ($4,000)(LR) ; ($4,000)(JS) ; Costs reserved |
| Cases Cited | Coutts Cars Ltd v Baguley [2001] ERNZ 660;Koia v Carlyon Holdings Ltd [2001] ERNZ 585;Williams v Attorney-General in respect of the Secretary for Justice [1999] 2 ERNZ 457 |
| Number of Pages | 10 |
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