| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 61 |
| Hearing date | 15 May 2012 |
| Determination date | 01 June 2012 |
| Member | P R Stapp |
| Representation | l Hansen, S Frey ; no appearance |
| Location | New Plymouth |
| Parties | Chand v Otaku Holdings Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Authority found parties' EA did not include valid 90 day trial period or probation clause - Respondent's process so badly flawed procedural defects were significant - Dismissal unjustified - REMEDIES - No contributory conduct. $6,142 reimbursement of lost wages - $4,000 compensation appropriate - Waitress |
| Abstract | Applicant employed as waitress. Parties' EA included 12 week probation clause. Respondent director (B") dined at restaurant and difficulties at B's table involving another employee. Applicant took over service for B's table. Applicant told by respondent manager ("L") that L had to dismiss two people or L would also be dismissed. Applicant dismissed next day. Respondent told applicant dismissed as applicant served B wrong drink. Respondent referred to 90 day trial period in dismissal letter, did not state reasons for applicant's dismissal and gave applicant three days' notice. No appearance for respondent.;AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: No good cause for respondent failure to attend investigation meeting. Applicant dismissed because gave B wrong drink. EA probation clause defective and respondent could not rely on as 90 day trial period clause and even if not defective EA not clear if probation clause applied. Respondent did not specify allegation, applicant not given opportunity to comment and no consideration of any explanation from applicant. Respondent's process so badly flawed procedural defects were significant. Dismissal unjustified. REMEDIES: No contributory conduct. $6,142 reimbursement of lost wages. $4,000 compensation appropriate." |
| Result | Application granted ; Reimbursement of lost wages ($6,142.50) ; Compensation for humiliation etc ($4,000) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s67;ERA s67A;ERA s103A;ERA s149;ERA s159;ERA Second Schedule cl12 |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Wellington_61.pdf [pdf 22 KB] |