| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 11A/10 |
| Hearing date | 17 Jun 2010 |
| Determination date | 01 July 2010 |
| Member | R A Monaghan |
| Representation | J Beck ; W Van Harselaar |
| Location | Dunedin |
| Parties | Johnson v New Zealand Health Insurance Brokers Ltd and Anor |
| Other Parties | Kloogh |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Respondents denied employer and claimed employer was Community Insurance and Investment Group Limited (“C”) – Employment agreement contained no reference to C but understood applicant’s services to be shared between companies – Companies both contributed to applicant’s salary – Applicant claimed carried out personal errands for second respondent and was true employer – Applicant claimed first respondent named as employer on employment agreement – Found second respondent not employer in personal capacity – Found C not sole employer – Found first respondent and C joint employers – Found C not party to employment relationship problem and no order could be made against it – UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by either or both of respondents – Applicant’s employment ceased because first respondent ceased contributing to salary and C did not have full time position to offer applicant – Relationship between business associates broke down culminating in decision to cease paying applicant’s salary – Found action terminated applicant’s employment – Dismissal unjustified – REMEDIES – No contributory conduct – Found first respondent and C jointly responsible for dismissal but order could only be made against parties to proceedings – First respondent to reimburse applicant $6,330 lost wages – $5,000 compensation appropriate – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought payment of share of 8 days’ unpaid wages – Respondent did not dispute amount – Applicant sought unpaid holiday pay – Wages and holiday pay due and owing – Salaried Advisor |
| Result | Application granted ; Reimbursement of lost wages ($6,330) ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($528) ; Arrears of holiday pay ($2,617.37) ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Johnson v New Zealand Health Insurance Brokers Limited & Anor unreported, H Doyle, 21 Jan 2010, CA 11/10 |
| Number of Pages | 9 |
| PDF File Link: | ca 11a_10.pdf [pdf 31 KB] |