| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 31/09 |
| Hearing date | 27 Feb 2009 |
| Determination date | 17 March 2009 |
| Member | P Cheyne |
| Representation | H Gelton ; N Sales |
| Location | Christchurch |
| Parties | Gelton and Ors v Sales and Anor |
| Other Parties | McKenzie, Haack, Red Sails Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of respondent – Employment agreement (“EA”) identified Grey Skills Employment as employer – Authority found Grey Skills Employment was trading name, not a legal entity capable of being sued – Found first respondent agent for Grey Skills, did not disclosure agency to applicants, therefore applicants entitled to bring action against first respondent personally – First respondent correct party to proceedings – Found Red Sails Limited correct respondent for second applicant - UNJUSTIFIED DISMISSAL – Redundancy – Applicants claimed failure to give requisite redundancy notice and pay redundancy compensation breached EA – Applicants employed to work on assignments for clients – Assignments terminated by respondent and applicants given one week notice of redundancy – EA provided employer must give four weeks notice of redundancy and employee entitled to four weeks pay in lieu of notice – EA further provided assignments could be terminated without notice and no redundancy compensation could be claimed for termination – Authority found dismissal procedurally unjustified for want of notice – Found not entitled to compensation or reimbursement of wages - Found assignments terminated contemporaneously with dismissal, therefore no wages would have been earned if four weeks notice was given – Situation fell within EA - Dismissal unjustified – No remedies - ARREARS OF WAGES – Applicants claimed unlawful deductions from wages – Respondent claimed no deductions made – EA provided commission charged on all gross earnings by employees - Authority found no deductions made during applicants’ employment – No order made – Employment Recruitment Agents |
| Result | Application granted (Unjustified dismissal) ; Application dismissed (Arrears of wages); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Wages Protection Act 1983 s12A |
| Cases Cited | GN Hale & Sons Ltd v Wellington etc Caretakers etc IUOW [1990] 2 NZILR 1079;Mehta v Labour Inspector [2003] 1 ERNZ 451 |
| Number of Pages | 6 |
| PDF File Link: | ca 31_09.pdf [pdf 184 KB] |