| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 291 |
| Hearing date | 26 Jun 2013 |
| Determination date | 08 July 2013 |
| Member | A Fitzgibbon |
| Representation | D Gelb ; L Ke |
| Location | Auckland |
| Parties | Patel v Kangnai Footwear Ltd |
| Summary | UNJUSTITFIED DISMISSAL – Poor performance - Applicant claimed unjustifiably dismissed by respondent – First employment agreement incorrect – New employment agreement provided – New agreement backdated to first day of employment - Agreement included fixed-term and 90 day trial period – Applicant signed agreement - Trial period expired – Applicant alleged to have sent insulting text message to respondent, read magazines at work and been unable to use EFTPOS machine – Whether respondent raised performance concerns - Whether applicant dismissed - ARREARS OF HOLIDAY PAY – Respondent sought arrears of holiday pay - Retail assistant |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent accepted applicant’s employment terminated. Applicant dismissed. Respondent not credible. Respondent did not issue verbal or written warnings. Fixed-term did not comply with Employment Relations Act s66. Applicant elected to treat trial period as invalid. Respondent sought to rely on trial period after expiry. Trial period invalid. No reasons for dismissal provided. Dismissal unjustified. REMEDIES: No contributory conduct. $6,000 compensation appropriate. Respondent to pay applicant $6,656 reimbursement of lost wages. Interest payable.;ARREARS OF HOLIDAY PAY: Respondent to pay applicant arrears of holiday pay, quantum to be determined. |
| Result | Application granted ; Compensation for humiliation ($6,000) ; Reimbursement of lost wages ($6,656) ; Interest (5%) ; Arrears of holiday pay (quantum to be determined); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s66 - ERA s66(6) – ERA s67 - ERA s67A – ERA s103A – ERA s124 - ERA s128(2) – ERA second schedule cl 11(1) - Companies Act 1993 - Judicature Amendment Act 1908 |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466;Brook v Macowan [2013] NZERA Auckland 15;RNZAF Museum Trust Board v Hunter unreported, Shaw J, 1 March 2000, WC11/00 |
| Number of Pages | 14 |
| PDF File Link: | 2013_NZERA_Auckland_291.pdf [pdf 326 KB] |