| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 129 |
| Hearing date | 27 Mar 2014 |
| Determination date | 04 April 2014 |
| Member | E Robinson |
| Representation | G Bennett ; A Sharp |
| Location | Auckland |
| Parties | Underwood v Sharp Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor Performance - Applicant claimed unjustifiably dismissed by respondent - Whether applicant employed on valid 90 day trial period provision - Applicant told dismissed because position no longer available - Dismissal in public place - Office assistant |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant not provided with employment agreement prior to commencing employment. No valid trial period provision. Performance issues not raised with applicant. No evidence applicant's position genuinely redundant as result of restructuring exercise. Applicant not advised of concerns and had no opportunity to address concerns before dismissal. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $6,168 reimbursement of lost wages. $2,500 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($6,168) ; Compensation for humiliation etc ($2,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s67A;ERA s67A(2);ERA s67B;ERA s103A;ERA s124;ERA s128(2) |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Auckland_129.pdf [pdf 176 KB] |