| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 304 |
| Hearing date | 25 Jun 2013 |
| Determination date | 17 July 2013 |
| Member | A Fitzgibbon |
| Representation | A S Seumanutafa ; A Singh |
| Location | Auckland |
| Parties | Thompson-Friend v Super Finance Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Poor performance – Applicant claimed unjustifiably dismissed by respondent – Written employment agreement specified applicant casual employee – Agreement not signed - Whether applicant casual employee – Whether applicant employed on trial period – Respondent alleged applicant failed to report to work – Applicant dismissed over phone - Applicant invited to meeting about performance – ARREARS OF WAGES - Applicant sought arrears of wages – Respondent withheld $1.50 from each hour of applicant’s wages to cover possible taxes - Applicant told not to work week leading up to dismissal - Sales coordinator |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant worked regular hours. Applicant not provided with employment agreement. Applicant worked two months before being told not to come in. Expectation applicant would work Monday to Friday and Saturdays in different office. Applicant permanent full time employee. Trial period not in writing. Respondent could not rely on trial period. Respondent sought to raise performance issues after applicant’s dismissal. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $7,020 reimbursement of lost wages. $1,500 compensation appropriate.;ARREARS OF WAGES: Respondent to pay applicant $1,130 arrears of wages. |
| Result | Applications granted ; Reimbursement of lost wages ($7,020) ; Compensation for humiliation etc ($1,500) ; Arrears of wages ($1,130.25) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s6 – ERA s6(3) - ERA s67 – ERA s67A – ERA s67A(3) – ERA s103A – ERA s103A(3) – ERA s124 |
| Cases Cited | Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 225 |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Auckland_304.pdf [pdf 243 KB] |