| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 138/07 |
| Hearing date | 8 Nov 2007 |
| Determination date | 13 November 2007 |
| Member | H Doyle |
| Representation | G malone ; no appearance |
| Location | Christchurch |
| Parties | Riddell v Mahuika-Forsyth & Anor |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - No appearance by respondents - Respondents submitted applicant initially employed by them, but subsequently became partner in business - Applicant accepted management position and provided with accommodation, valued by Authority at $150 per week - Discussion between parties about applicant receiving portion of gross earnings - Applicant did not accept he became profit-sharing partner - Did not provide capital and had no say in how business run - Relationship did not change from one of employment - Applicant told business to be shut down and became concerned about receiving payment for work already performed as had not been receiving weekly wage - When applicant asked for pay respondent accused him of being drunk and a thief and told him to leave - Evidence did not support these allegations - Business did cease to operate, but any redundancy process inadequate and unfair - Dismissal unjustified - Arrears due and owing - COSTS - Length of investigation meeting not specified - Applicant and representative flew in from out of town as location of investigation meeting insisted on by respondent - Given unusual circumstances, airfares treated as expense claimable by applicant - Bar manager |
| Result | Application granted ; Reimbursement of lost wages and benefits ($4,260)(notice) ; Compensation for humiliation etc ($10,000) ; Arrears of wages and holiday pay ($5,239.40) ; Costs in favour of applicant ($1,000) ; Disbursements ($732)(airfares) |
| Main Category | Personal Grievance |
| Statutes | ERA s66;ERA s103A;ERA s131 |
| Number of Pages | 10 |
| PDF File Link: | ca 138_07.pdf [pdf 41 KB] |