| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 354/09 |
| Hearing date | 31 Jul 2008 |
| Determination date | 07 October 2009 |
| Member | L Robinson |
| Representation | C Patterson ; L Harris |
| Location | Auckland |
| Parties | Lapwell Roofing Ltd v Harris |
| Summary | PRACTICE AND PROCEDURE - Authority to determine true nature of relationship between parties - Respondent argued in partnership with father not employee - Respondent gave three weeks notice of resignation to set up business in direct competition with applicant – Respondent took several items of applicant’s property and made one-off payment to himself of $1,800 for three weeks notice – Applicant ordered respondent to leave immediately and no notice required – Applicant ordered return of property – Respondent failed to return all property – Authority found respondent employed by applicant – RECOVERY OF MONIES – Applicant alleged respondent deleted information on computer – Claim rejected because computer returned to applicant prior to when information said to have been deleted – Found claim for reinstating signage not established – Found cost of fuel claimed by applicant not personally incurred by respondent – Found claim for ink cartridges and mobile phone charges petty and unproved – Found claim for stationary unproved – Counterclaim – UNJUSTIFIED DISMISSAL – Constructive dismissal – Found claim could not succeed because respondent resigned of own volition and no breach of duty causative of resignation – Applicant accepted three weeks notice and then changed mind and took immediate steps to remove respondent – Found respondent’s actions where actual dismissal – Found respondent unjustifiably dismissed during notice period – REMEDIES – No contributory conduct – No award for reimbursement of lost wages – Compensation of $1,000 appropriate for loss in relation to employment relationship only – ARREARS OF HOLIDAY PAY AND WAGES – Respondent claimed holiday pay of $4,800 – Respondent claimed profits under contracts – Found respondent entitled to holiday pay and share of profits – Parties advised to attend mediation to determine quantum – General manager |
| Result | Application dismissed (recovery of monies) ; Application granted (unjustified dismissal) (arrears of wages) ; Arrears of wages and holiday pay (quantum to be determined) ; Orders made ; Compensation for humiliation etc ($1,000) ; Costs reserved |
| Main Category | Recovery of Monies |
| Number of Pages | 8 |
| PDF File Link: | aa 354_09.pdf [pdf 25 KB] |