| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 39/08 |
| Hearing date | 16 Oct 2007 |
| Determination date | 11 April 2008 |
| Member | J Crichton |
| Representation | J Guthrie ; J Lovely |
| Location | Dunedin |
| Parties | Pleace v Cunningham |
| Summary | PRACTICE AND PROCEDURE – Identity of respondent – Respondent denied applicant employed in personal capacity and argued at all times applicant employed by respondent’s company now in liquidation – Respondent approached applicant at previous employment to ask applicant to work for respondent’s company – Applicant acknowledged seeing business cards including full name of company – Applicant claimed as consequence of dyslexia “didn’t read much” – Respondent advised applicant that work had fallen off to extent respondent also “getting out” – Applicant claimed aggrieved respondent took him away from secure employment to unsecure future with respondent – Authority satisfied applicant never employed by respondent in personal capacity – Authority found applicant employed by respondent’s company – UNJUSTIFIED DISMISSAL – Authority rejected applicant’s argument that respondent ought not to have employed applicant as down turn coming – Unreasonable of applicant to assume all risk of new employment opportunity to be borne by employer – Authority satisfied respondent’s company ceased to trade when applicant told by respondent – No unjustified dismissal – RECOVERY OF MONIES – Authority satisfied applicant entitled to recover from either company or respondent personally value of three chassis pots personally ordered by applicant – Panel beater |
| Result | Application dismissed (Dismissal) ; Recovery of monies (Value of three chassis pots) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | ca 39_08.pdf [pdf 26 KB] |