| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 182 |
| Hearing date | 28 May 2012 |
| Determination date | 31 May 2012 |
| Member | J Crichton |
| Representation | V Walters, M Pomare ; No appearance |
| Parties | Carter v Doors 2U Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Authority found grievance raised within 90 days - UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Found applicant did not resign - Found applicant dismissed by respondent with complete absence of proper process - Dismissal unjustified - REMEDIES - No contributory conduct - $5,000 reimbursement of lost wages - $2,000 compensation appropriate - Personal assistant |
| Abstract | Applicant employed by respondent as personal assistant. Applicant claimed unjustifiably dismissed by respondent. Applicant employed through Work and Income New Zealand (WINZ") programme. Respondent held meeting with applicant and WINZ to discuss concerns about applicant's performance. After meeting WINZ asked applicant to attend interview for alternative job next day. Applicant claimed respondent granted applicant time off to attend interview. Applicant claimed told respondent would need to start new job almost immediately if successful and respondent asked applicant to get WINZ to relist applicant's job. Respondent claimed applicant resigned. Applicant unsuccessful at interview. Respondent denied applicant returned to work and told respondent unsuccessful promptly. Two days later applicant told respondent unsuccessful and wished to continue employment with respondent. Respondent replied replacement for applicant found. Applicant dismissed. Respondent claimed applicant employed on trial period or alternatively probationary period. Respondent claimed personal grievance not raised within 90 day period.;AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Grievance raised within 90 days.;UNJUSTIFIED DISMISSAL: Applicant told respondent would need to start alternative job almost immediately if successful at interview and told respondent promptly when unsuccessful. Applicant did not resign. Nothing to suggest respondent relied on trial period or probationary period to dismiss applicant. Respondent dismissed applicant with complete absence of proper process. Dismissal unjustified. REMEDIES: No contributory conduct. $5,000 reimbursement of lost wages. $2,000 compensation appropriate." |
| Result | Applications granted; Reimbursement of lost wages ($5,000); Compensation for humiliation etc ($2,000); Disbursements in favour of applicant ($71.56)(filing fee); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s67;ERA s67A;ERA s103A |
| Number of Pages | 9 |
| PDF File Link: | 2012_NZERA_Auckland_182.pdf [pdf 117 KB] |