| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 55/07 |
| Hearing date | 15 Mar 2007 |
| Determination date | 16 May 2007 |
| Member | H Doyle |
| Representation | R Thompson ; W Duffield (via phone) |
| Location | Christchurch |
| Parties | Tatom v Duffield |
| Summary | JURISDICTION - Whether employee or independent contractor - No written employment agreement - Parties did not put minds to nature of relationship - Authority unable to conclude common intention - Factors indicative of employment relationship outweighed factors indicative of independent contractor - Real nature of relationship employment - Employee - UNJUSTIFIED DISMISSAL - Applicant made statements to government department relating to respondent's partner, an employee of that department - Partner subsequently dismissed - Probable respondent knew of statements and likely would have been angry and raised them - Authority found respondent said words to effect of X is fired so you're fired" - Fair and reasonable employer would have met or at least written to applicant and explained difficulties of continuing working together - Should have negotiated notice period - Instead, summarily dismissed and applicant's partner threatened - Unjustified dismissal - Remedies - Fact employment short, and applicant unlikely could have continued working, relevant to award of lost wages and compensation - ARREARS OF HOLIDAY PAY - No details of earnings provided - Leave reserved for applicant to return to Authority if wished holiday pay to be calculated - Counterclaim - Respondent counterclaimed against applicant for slander and defamation of character, and sought lost earnings and compensation - Argued statements about to government department false - Respondent seeking damages flowing from dismissal of his partner by her employer - Authority did not have jurisdiction - Counterclaim dismissed - COSTS - One ï¾½ hour investigation meeting - Costs of $1,000 appropriate - Length of service two months - Hammer hand" |
| Result | Application granted (Jurisdiction, unjustified dismissal) ; Reimbursement of lost wages ($2,720) ; Compensation for humiliation etc ($5,000) ; Counterclaim dismissed ; Costs in favour of applicant ($1,000) |
| Main Category | Personal Grievance |
| Statutes | ERA s6(2);ERA s6(3);ERA s6(3)(a);ERA s6(3)(b);ERA s103A;ERA s123(1)(b) |
| Cases Cited | Bryson v Three Foot Six Ltd [2005] 1 ERNZ 372 |
| Number of Pages | 11 |
| PDF File Link: | ca 55_07.pdf [pdf 46 KB] |