| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 101/09 |
| Hearing date | 26 Mar 2009 |
| Determination date | 01 April 2009 |
| Member | Y S Oldfield |
| Representation | S Eden ; No appearance |
| Location | Auckland |
| Parties | Van Daal v Calibre Boats NZ Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – No appearance for respondent – Respondent part of umbrella company – Applicant claimed constructively dismissed following breach of good faith – Applicant employed by respondent as Project Manager - Employment agreement (“EA”) provided balance of salary for use as consideration for the sale of shares in respondent company upon completion of three month probationary period – The sale and purchase of shares did not take place and respondent failed to provide valuation of shares – Applicant’s independent valuation report indicted value was nil – EA varied to pay balance of salary to applicant – Applicant later performed work for another company, Waypoint (“W”) in umbrella group – Parties agreed payment for W work to be made by a share in W and respondent company – No share in either company received – Financial situation of umbrella company declined and applicant concerned about personal liability for negligent misstatements respondent company made to creditors – Applicant resigned – Applicant claimed breach of good faith by W – Authority found W not employer and not a respondent to proceedings - Found applicant’s services not contracted out to W by respondent – Found applicant performed two different jobs for two businesses that were separate except for ownership – Applicant claimed respondent company breached good faith - Found insufficient evidence to establish breach – No constructive dismissal – ARREARS OF HOLIDAY PAY – Authority found arrears due and owing – Respondent to pay outstanding holiday pay - Project Manager |
| Result | Application granted (Arrears of holiday pay) ; Application dismissed (Dismissal); Arrears of holiday pay ($7,384.62) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 5 |
| PDF File Link: | aa 101_09.pdf [pdf 21 KB] |