| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 62A/08 |
| Hearing date | 13 May 2008 - 14 May 2008 (2 days) |
| Determination date | 31 October 2008 |
| Member | P Montgomery |
| Representation | D Goldwater ; C Williams |
| Location | Christchurch |
| Parties | Cameron and Ors v Pridex Industries (NZ) Ltd |
| Other Parties | Brewster, Cameron, Brewster |
| Summary | PRACTICE AND PROCEDURE - Identity of employer - Authority found matter arose out of attempt to salvage franchise operation (“F”) and intended purchase of its assets, liabilities and operations by respondent - Applicants claimed employed by respondent to operate manufacturing and distribution operation and to maintain former franchise operation - Respondent claimed applicants employed by separate entity (“P”) that was combination of respondent and F - Claimed P existed as entity for 19 days before disbanded - Authority found first and second applicants not employees of P - Authority found third and fourth applicants offered and accepted employment with P and were employees of P - Authority found P disbanded by parties mutual agreement - UNJUSTIFIED DISMISSAL - Redundancy - Authority found employees of P not made redundant by respondent; rather by failure of merger between respondent and F - ARREARS OF WAGES - Third applicant commissioned salesperson - Authority found applicant entitled to minimum wage plus holiday pay at 8 percent for 19 day period of employment with respondent - Fourth applicant employee of respondent - Fourth applicant entitled to wages and 8 percent holiday pay for 19 day period of employment with respondent |
| Result | Applications dismissed (Unjustified dismissal)(Practice and procedure) ; Application dismissed (Arrears of wages)(Applicants 1 and 2) ; Application granted (Arrears of wages)(Applicants 3 and 4) ; Arrears of wages and holiday pay (Quantum to be determined)(Applicant 3) ; Arrears of wages and holiday pay (Quantum to be determined)(Applicant 4) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 8 |
| PDF File Link: | ca 62a_08.pdf [pdf 37 KB] |