| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 36 |
| Hearing date | 5 Nov 2013 |
| Determination date | 03 February 2014 |
| Member | K J Anderson |
| Representation | D Vinnicombe ; S Pope |
| Location | Hamilton |
| Parties | Thomas v Tic-Tac-Toe Educare Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Whether valid 90 day trial period – Whether valid fixed term agreement – Applicant employed on casual basis originally – Request for employment agreement (“EA”) to allow applicant to undertake course of study – Childcare facility |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Trial period provision in EA did not go anywhere near meeting requirements of Employment Relations Act 2000. EA not signed prior to applicant commencing employment. No valid trial period provision. Fixed term provision did not comply with essential requirements of Employment Relations Act 2000. Unclear whether applicant elected to treat fixed term provision as ineffective but applicant had no expectation of work beyond end of fixed term period. No tangible evidence applicant dismissed because of comments made on survey form and applicant probably dismissed because staff to children ratio unbalanced. Inconclusive whether applicant genuinely surplus to respondent’s requirements. Respondent failed to consult with applicant. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $2,784 reimbursement of lost wages. $1,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($2,784) ; Compensation for humiliation etc ($1,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s66;ERA s66(1);ERA s66(4);ERA s66(6);ERA s67A;ERA s67B;ERA s103A(2);ERA s103A(3);ERA s128 |
| Cases Cited | Smith v Stokes Valley Pharmacy (2009) Ltd [2010] ERNZ 253 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Auckland_36.pdf [pdf 169 KB] |