| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 126/07 |
| Hearing date | 15 Dec 2006 |
| Determination date | 27 April 2007 |
| Member | M Urlich |
| Representation | D Thomas ; D Wackrow & L Payne |
| Location | Auckland |
| Parties | Taurima v White Gloves Television Productions Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant claimed on same day promised ongoing work, was dismissed when requested outstanding wages - Respondent claimed applicant employed on successive fixed term agreements based on funding it received to produce television programmes - Claimed employment ended by expiry of fixed term or alternatively applicant resigned - Whether dismissed or resigned - Whether fixed term employment - Pay sheets showed work covered 12 distinct terms separated by periods where no work provided and received no pay - Employed on series of fixed term agreements prior to amendment to s66 Employment Relations Act 2000 (ERA") - Amendments did not superimpose obligations on existing fixed term agreements - Section 66 obligations met - Fixed term expired - No dismissal - Respondent offered applicant money, or to use that money to fund eight weeks' work - Applicant accepted money and as consequence no funding left for work - No justifiable basis to put election to applicant - Money offer was pay for work performed - Binding agreement formed - Applicant person intending to work - Dismissal - ARREARS OF WAGES AND HOLIDAY PAY - Applicant's claim for two weeks wages between productions declined - Claims for payment of alternative holidays dismissed given not required to work on days claimed - Pay records did not support claim for higher rate of pay - Applicant claimed respondent unlawfully deducted from amounts should have received as production manager - Applicant's employment agreement, as to timing of payments, varied without consent - Not unlawful deductions - Wages due and owing - PENALTY - Applicant sought penalty for failure to provide written employment agreement - Applicant's employment status anomalous to all others engaged by respondent as contractors - Penalty declined" |
| Result | Applications granted in part (Unjustified dismissal, Arrears of wages) ; Reimbursement of lost wages ($5,800)(8 weeks) ; Arrears of wages ($5,800) ; Applications dismissed (Arrears of holiday pay, penalty) ; Disbursements ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | ERA s5;ERA s66;ERA s66(1);ERA s66(2);ERA s66(3);ERA s66(4);ERA s66(5);ERA s66(6);Wages Protection Act 1983 |
| Cases Cited | Sealord Group Ltd v New Zealand Fishing Industry Guild Inc [2005] 1 ERNZ 535 |
| Number of Pages | 14 |
| PDF File Link: | aa 126_07.pdf [pdf 61 KB] |