| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 61/02 |
| Hearing date | 11 Jun 2002 |
| Determination date | 24 July 2002 |
| Member | P R Stapp |
| Representation | G O'Sullivan, S Mann ; P May |
| Location | Wellington |
| Parties | Brown v Allied Real Estate (1977) Ltd t/a LJ Hooker Oriental Bay |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Jurisdiction - Whether employee or independent contractor - Agreement frequently referred to as an employment contract - Method of remuneration consistent with employee status - Not free to act for any competing company - Termination referred to redundancy - Business liability rested with respondent - Real nature of relationship was employee - Redundancy genuine - Statements by respondent guaranteeing positions - Dismissal devoid of fairness - Property manager |
| Result | Application granted ; Reimbursement of lost wages ($14,267.81)(3 months) ; Compensation for humiliation etc ($8,000) ; Costs reserved |
| Statutes | ERA s6(2);ERA s6(4);Holidays Act 1981;Real Estate Agents Act 1976 s51A |
| Cases Cited | Challenge Realty Ltd v Commissioner of Inland Revenue [1990] 3 NZLR 42;Hook v JB's Contractors Ltd unreported, J Wilson, 22 March 2001, AA 21/01;Koia v Carlyon Holdings Ltd [2001] ERNZ 585;Lee Ting Sang v Chung Chi-Keung [1990] 2 AC 374 |
| Number of Pages | 11 |
| PDF File Link: | wa 61_02.pdf [pdf 56 KB] |