Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 285/02
Hearing date 23 Jul 2002
Determination date 19 September 2002
Member K J Anderson
Representation P Bartlett ; J Roberts
Location Auckland
Parties Donald v Te Whanau O Waiperia Trust
Summary UNJUSTIFIED DISMISSAL - Whether dismissed or agreement expired - Attempt to renegotiate employment agreement after expiry - Reason given for dismissal was expiration of fixed term agreement - Given one month's notice - Parties did not reach new agreement - Former agreement continued in force until new one negotiated - Not fixed term agreement - Dismissed at meeting without any advanced warning of right to representative given - Dismissal unjustified - Remedies - Contributory conduct reduced remedies by 15 percent - RECOVERY OF MONEY - Sought reimbursement of training fees - Only entitled to training fees associated with respondent - Quantum of fees reserved for parties to resolve - Doctor
Result Application granted ; Reimbursement of lost wages ($5,717 reduced to $4,859.45) ; Other monies (Quantum reserved)(Training fees) ; Compensation for humiliation etc ($10,000 reduced to $8,500) ; Costs reserved
Number of Pages 10
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