| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 188 |
| Hearing date | 9 May 2014 |
| Determination date | 14 May 2014 |
| Member | J Crichton |
| Representation | No appearance ; R Leemans |
| Location | Tauranga |
| Parties | Martin-Payne v ReserveNewZealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Whether 90 day trial period valid - Respondent relied on trial period clause to dismiss applicant - Applicant misappropriated company documents - No appearance for applicant |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Trial clause referred to three months rather than 90 days. Statutory requirement of specific period not exceeding 90 days. Trial period clause invalid. Had applicant not misappropriated respondent's documents and engaged with Authority in usual way applicant might have succeeded in satisfying Authority applicant had been unjustifiably dismissed in erroneous reliance on invalid trial period clause. Subsequent conduct by applicant changed balance in favour of respondent. Dismissal justified. |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s67A;ERA s67A(2)(a);ERA s67A(3);ERA s103A |
| Cases Cited | Martin-Payne v Reserve NewZealand Ltd [2014] NZERA Auckland 100 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Auckland_188.pdf [pdf 167 KB] |