| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 98 |
| Hearing date | 10 Feb 2011 |
| Determination date | 14 March 2011 |
| Member | R A Monaghan |
| Representation | L Darroch ; R Wyatt |
| Location | Auckland |
| Parties | Leung v Asian Business Year Book Ltd & Anor |
| Other Parties | Prestige Property Publication Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Authority found publications produced by separate companies – No employment agreement – Director (“K”) informed applicant intended to sell business and would discuss whether new owner would employ applicant – Applicant’s employment terminated and applicant given cheque for final payment – Respondent purported to rely on trial period in terminating applicant’s employment – Found no written employment agreement and therefore avenue not open to respondent – Respondent claimed concerned about applicant’s conduct – Found matters serious as to warrant termination but not raised with applicant – Found applicant reasonably believed employment ended when asked to collect cheque – Found K unable to rely on sale of business in terminating applicant’s employment – Found first respondent unaffected by sale of second respondent business so applicant’s employment should have continued – Dismissal unjustified – REMEDIES – No contributory conduct – $7,500 reimbursement of lost wages appropriate - $6,000 compensation appropriate – Respondents jointly and severally liable for amounts – ARREARS OF WAGES – Applicant claimed unpaid wages – K denied conducted interviews with applicant or instructed applicant to work overtime for which payment claimed – Found no unpaid wages owing – RECOVERY OF MONIES – Applicant claimed allowance for use of own car for work purposes – Found no employment agreement to clarify use of own vehicle – Found applicant used own car on work business and entitled to allowance – Managing Director |
| Result | Application granted (unjustified dismissal) (recovery of monies) ; Reimbursement of lost wages ($7,500) ; Compensation for humiliation etc ($6,000) ; Recovery of monies ($13.80)(vehicle allowance) ; Application dismissed (arrears of wages) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s67A |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Auckland_98.pdf [pdf 22 KB] |