| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 16/01 |
| Determination date | 17 May 2001 |
| Member | P Cheyne |
| Representation | T Brown ; G Clarke |
| Location | Christchurch |
| Parties | Leckie v Theyers t/a Alexandra Blocklaying/Plastering Services |
| Summary | UNJUSTIFIED DISMISSAL - Summary dismissal - Jurisdiction - Whether employee or trainee - Began work-based training - Completed 12 week course - Dissatisfied about working without pay - Respondent agreed to paid trial - Filled out tax certificate and timesheets - Subsequently told no permanent job - Initially not an employee - Legal arrangements changed - Performed work - Paid hourly rate - No proper reason for termination - Dismissal procedurally unfair - No contributory conduct |
| Result | Application granted ; Reimbursement of lost wages ($2,332) ; Compensation for humiliation etc ($2,000) ; Arrears of holiday pay ($354.33) ; Costs reserved |
| Cases Cited | Shirtcliffe v Green [1992] 1 ERNZ 121;Webster v The Mount Cook Group Ltd unreported, Palmer J, 25 September 1997, CEC 27/97 |
| Number of Pages | 4 |
| PDF File Link: | ca 16_01.pdf [pdf 18 KB] |