| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 15/01 |
| Hearing date | 8 May 2001 |
| Determination date | 16 May 2001 |
| Member | N Taylor |
| Representation | C Isherwood (in person) ; P Kumar |
| Location | Christchurch |
| Parties | Isherwood v Warren t/a Franz Josef Holiday Park |
| Summary | UNJUSTIFIED DISMISSAL - Permanent part-time worker - Whether offered and accepted full-time position - Alleged only condition of contract to be fulfilled was starting date - Given starting date - Subsequently informed no position available - Dismissed for approaching mediation service concerning loss of full-time employment - Credibility - Evidence of applicant preferred - Promise of full-time employment rescinded - Employee included person intending to work - Relied on promise to detriment - No repudiation by applicant - Both dismissals procedurally and substantively unjustified |
| Result | Application granted ; Reimbursement of lost wages ($1,277.51) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Cases Cited | Auckland City Council v Hennessey [1982] ACJ 699;Boobyer v Good Health Wanganui unreported, Goddard CJ, 24 February 1994, WEC 3/94 |
| Number of Pages | 5 |
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