| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 24/01 |
| Determination date | 21 May 2001 |
| Member | G J Wood |
| Representation | M Buck ; I Hard |
| Location | Wellington |
| Parties | Buck v Tinsley's Mower Chainsaw Professionals |
| Summary | BARGAINING - Alleged unfair bargaining - Probation period specified in writing in employment agreement - Failed to give description of work to be performed, salary and dispute resolution procedures - Failed to give copy of agreement to applicant - Claim made out - Inappropriate for Authority to deem agreement to be for full-time permanent employment - UNJUSTIFIED DISMISSAL - Employed on 3 month trial period - Heated argument between applicant and respondent's principal - Left after altercation but requested principal to contact him - No contact made - Whether dismissal or abandonment - No steps taken to resolve issue - Breach of duty of trust and fair dealing - Reasonably foreseeable that applicant not prepared to work in prevailing conditions - Termination at employer's initiative - Grounds for believing employment would have endured beyond trial period - Workshop foreman |
| Result | Application granted ; Reimbursement of lost wages ($4,100) ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Statutes | ERA s64;ERA s65;ERA s65(2);ERA s67;ERA s68;ERA s164 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415 (CA);Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;EN Ramsbottom Ltd v Chambers [2000] 2 ERNZ 97;Wellington etc Clerical etc IUOW v Greenwich [1983] ACJ 965 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |