| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 11/01 |
| Determination date | 26 March 2001 |
| Member | P R Stapp |
| Representation | S Webster ; A Gallie |
| Location | Wellington |
| Parties | Richards-Rattray v Willbank |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Fixed term employment agreement - Purpose of agreement to assess whether to exercise option to purchase - Deterioration of relationship between applicant and owner - Meeting to improve relationship - Applicant refused to sign document terminating agreement - Credibility - Applicant's evidence preferred - Termination initiated by owner - No attempt to justify or give reasons for dismissal - Dismissal unjustified - Reason for fixed term agreement genuine - Dismissal caused stress and humiliation - No lost opportunity to purchase business - Applicant had decided not to exercise option - No sum paid towards purchase price - No loss or damages proven - Massage parlour manager |
| Result | Application granted ; Reimbursement of lost wages ($4,500 reduced to $4,110) ; Compensation for humiliation etc ($6,500) ; Quantum of holiday pay owed remitted to parties for determination ; Costs reserved |
| Statutes | Contractual Remedies Act 1979;ERA s123;ERA s128 |
| Cases Cited | Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 659;Walker Corporation Ltd v O'Sullivan [1996] 2 ERNZ 513;Williams v Attorney-General in respect of the Secretary for Justice [1999] 2 ERNZ 457 |
| Number of Pages | 7 |
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