| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 31/01 |
| Determination date | 10 April 2001 |
| Member | J Wilson |
| Representation | S Scott ; A Ryan |
| Location | Auckland |
| Parties | Howe v Johnson's House Removal Ltd |
| Summary | ARREARS OF WAGES - Wages reduced - Whether respondent led to believe applicant held a heavy traffic licence - Assumption resulting from misunderstanding - Respondent not deliberately misled - Licence not condition of contract - Respondent not entitled to unilaterally reduce wages - Balance of wages due and owing - UNJUSTIFIED DISMISSAL - Genuine redundancy - Company winding down - Whether obligation to offer contract work - No position available for applicant - No obligation to offer contract work - Labourer |
| Result | Application granted (Arrears of wages) ; Orders accordingly ; Application dismissed (Unjustified dismissal) ; Costs to lie where they fall |
| Statutes | ERA s4 |
| Cases Cited | Baguley v Coutts Cars Ltd [2000] 2 ERNZ 409;Grant v Superstrike Bowling Centres Ltd [1992] 1 ERNZ 727;Niao v Tasman Pulp & Paper Co Ltd [1999] 2 ERNZ 805;New Zealand Fasteners Stainless Ltd v Thwaites [2000] 1 ERNZ 739;Skywards Catering Ltd v Apthorp-Hall [1995] 2 ERNZ 218 |
| Number of Pages | 7 |
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