| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 339/10 |
| Hearing date | 11 May 2010 |
| Determination date | 29 July 2010 |
| Member | V Campbell |
| Representation | M Nutsford ; no appearance |
| Location | Auckland |
| Parties | Ewans v Nicholas Realty |
| Summary | UNJUSTIFIED DISMISSAL – No appearance for respondent – Applicant claimed director (“H”) brought briefcase containing large amount of cash to work to pay outstanding accounts – Applicant claimed abused by H and accused of not paying outstanding franchise fees – Applicant claimed dismissed through actions of H – Authority found money banked into business bank account as instructed – Found respondent failed to act as fair and reasonable employer – Dismissal unjustified – REMEDIES – No contributory conduct – Found applicant 63 year old man and found it extremely difficult to find new employment - $30,000 reimbursement of lost wages appropriate – Found applicant subject to high level of abuse by H – $10,000 compensation appropriate – Director |
| Result | Application granted ; Reimbursement of lost wages ($30,000) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124;ERA Second Schedule cl12 |
| Number of Pages | 5 |
| PDF File Link: | aa 339_10.pdf [pdf 30 KB] |