| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 84/02 |
| Hearing date | 5 Sep 2002 |
| Determination date | 10 September 2002 |
| Member | D Asher |
| Representation | G Ogilive ; J Smith & B Smith |
| Location | Wellington |
| Parties | Forde v Groundworks Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Incompatibility - Employed on trial period - Allegedly dismissed for inability to fit in - Attempted to rescind dismissal following advice - Dismissal substantively unjustified and procedurally unfair - No obligation to return to work - No investigation nor opportunity to be heard - Remedies - Offer of re-employment showed intention to employ beyond trial period - Entitled to 3 months' lost wages - No contributory conduct - Driver/labourer |
| Result | Application granted ; Reimbursement of lost wages (3 months) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Number of Pages | 8 |
| PDF File Link: | wa 84_02.pdf [pdf 23 KB] |