| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 48 |
| Hearing date | 2 Apr 2014 |
| Determination date | 19 May 2014 |
| Member | P R Stapp |
| Representation | G Bennett ; M French |
| Location | Wellington |
| Parties | Earl v Murray J McLaughlan & Co Ltd t/a Murray J McLauchlan & Co Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably disadvantaged by being prevented from bringing lunch to work, verbal threats and abuse, and being required to work with asbestos - Applicant claimed unjustifiably dismissed by respondent - Whether valid 90 day trial period provision - Allegations about applicant's qualifications, standard of work, performance, completion of timesheets and access to office - Secret recording of conversation - Plumber |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Applicant not abused, sworn at personally or asked to breach law including health and safety requirements. Technically, claims raised for first time in statement of problem and not raised within 90 days. Applicant not unjustifiably prevented from arranging for own lunch. No unjustified disadvantage. Respondent unable to prove employment agreement signed before start of applicant's employment as respondent's responsibility to ensure employment agreement retained. No time for applicant to seek independent advice on employment agreement before work commenced. No valid trial period provision. No investigation into any problems. Concerns not put to applicant who had no opportunity to respond to allegations. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $2,125 reimbursement of lost wages. $1,000 compensation appropriate. |
| Result | Application granted (unjustified dismissal) ; Reimbursement of lost wages ($2,125.60) ; Compensation for humiliation etc ($1,000) ; Application dismissed (unjustified disadvantage) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 13 |
| PDF File Link: | 2014_NZERA_Wellington_48.pdf [pdf 232 KB] |