| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 184/07 |
| Hearing date | 19 May 2006 , 22 May 2006 |
| Determination date | 20 June 2007 |
| Member | M Urlich |
| Representation | P Swarbirck ; E Butcher |
| Location | Auckland |
| Parties | Houston v Oldco PTI Ltd |
| Summary | JURISDICTION - Whether employee or director - Applicant had written employment agreement and received salary - As sole director, reasonable he would sign employment agreement on behalf of company - No convincing evidence no employment relationship existed - Applicant employee - UNJUSTIFIED DISMISSAL - Redundancy - Dispute over terms of employment - Earlier signed agreement taken as relevant instead of later, unexecuted document - Whether dismissed or resigned - Receiver appointed to respondent - During meeting, receiver prepared resignation letter and applicant signed it - Applicant claimed resigning directorships, not employment - Authority found did not resign from employment and not dismissed that day - Applicant went on sick leave - While away computer access cut and all staff and assets moved to another legal entity - Employment ended at respondent's initiative - Applicant redundant - Dismissal unjustified - Remedies - Entitled to payment as set out in employment agreement - Circumstances of dismissal not usual - Parties' relationship in serious difficulty - Not appropriate to make order for compensation - ARREARS OF HOLIDAY PAY - Due and owing - RECOVERY OF MONIES - Applicant sought reimbursement of expenses incurred during employment - No evidence to support respondent's claim expenses not work related - GOOD FAITH - Applicant alleged respondent breached good faith by stopping him receiving contractual entitlements and continually referring to parlous state of respondent company's finances in situation where group must be meeting legal and accounting costs - Insufficient evidence to make findings sought - COMPLIANCE ORDER - Application for compliance with contractual obligations declined - Authority not satisfied circumstances warranted compliance orders at present stage - CEO |
| Result | Application granted (Unjustified dismissal, arrears) ; Arrears of holiday pay (Quantum to be determined) ; Recovery of monies ($1,767.43)(Expenses) ; Application dismissed (Good faith, compliance) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s179(5) |
| Number of Pages | 12 |
| PDF File Link: | aa 184_07.pdf [pdf 37 KB] |