| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 74/02 |
| Determination date | 19 March 2002 |
| Member | T Woods |
| Representation | L Campbell ; G Ritson |
| Location | Auckland |
| Parties | Mainas v Ritson Venture Capital Ltd |
| Other Parties | Ritson, Ritson |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Identity of employer - Whether employed by company or director - Alleged only aware of existence of company when received final pay - Onus of proof on applicant - Balance of probabilities - Failed to establish that director was employer - Whether dismissal justified - Alleged casual employee - Agreed hours fixed - Relationship flexible to suit each party - Terms of employment consistent with permanent part-time work - Whether redundancy genuine - Informed that not enough work - No evidence of financial state - Extra staff not employed - Prima facie commercial decision made for genuine business reasons - Dismissal procedurally unfair - No prior discussions on process or consultation - Expectation of consultation reasonable in circumstances - No notice of dismissal - Reasons for dismissal vague - Dismissal unjustified - PENALTY - Failure to supply individual employment agreement - Standard of proof beyond reasonable doubt - Alleged innocent oversight - Appropriate that penalty be ordered - Penalty payable to applicant - Pastry chef |
| Result | Application granted ; Reimbursement of lost wages ($450)(1 week)(Notice) ; Compensation for humiliation etc ($3,000) ; Penalty ($200)(Applicant) ; Costs in favour of applicant ($1,000) |
| Statutes | ERA s64;ERA s64(2);ERA s65 |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Coutts Cars Ltd v Baguley [2001] ERNZ 660;New Zealand Fasteners Stainless Ltd v Thwaites [2000] 1 ERNZ 739 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |