Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 221/02
Hearing date 11 Jun 2002 - 12 Jun 2002 (2 days)
Determination date 30 July 2002
Member J Wilson
Representation H Fulton ; A Stuart
Location Auckland
Parties Bowyer v Glidepath Ltd
Summary UNJUSTIFIED DISMISSAL - Redundancy - Whether permanent, fixed term or temporary employee - Alleged entitled to redundancy compensation - Employment agreement contradictory - Treated as temporary employee - Employment terminated due to completion of project - No dismissal - Not entitled to redundancy compensation - ARREARS OF WAGES AND HOLIDAY PAY - Alleged non-payment of bonus and holiday pay - Entitled to bonus if specific profit margin maintained - Expenses added after completion of contract - Added to bonus claim - Entitled to 70 percent of bonus - Parties to determine final 30 percent quantum to be paid - No record of leave owed - Entitled to full leave outstanding - Project manager
Result Application dismissed (Unjustified dismissal) ; Application granted (Arrears of wages) ; Arrears of wages ($77,000)(Bonus) ; Arrears of holiday pay (20 days) ; Interest (7 percent) ; Costs reserved
Number of Pages 10
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