| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 543 |
| Hearing date | 27 Aug 2013 |
| Determination date | 27 November 2013 |
| Member | K J Anderson |
| Representation | T de Lautour ; M Bolstad |
| Parties | Craig v Grant and Margaret Bolstad |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent – Whether respondent could rely on 90 day trial period – Whether attention drawn to trial period clause when employment agreement provided to applicant – Whether applicant signed employment agreement before commencing employment – Applicant moved into farm house prior to first day of work - Farm assistant |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Employment relationship did not come into effect until first day of work. Applicant signed employment agreement before commencing employment. Applicant was given notice of termination prior to expiry of trial period. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s67A - ERA s67B(1) - ERA s67B(2) |
| Cases Cited | Smith v Stokes Valley Pharmacy Limited (2010) ERNZ 253 |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Auckland_543.pdf [pdf 103 KB] |