| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 285 |
| Hearing date | 4 Jul 2014 |
| Determination date | 04 July 2014 |
| Member | R Larmer |
| Representation | D Vinnicombe ; No appearance |
| Location | Whangarei |
| Parties | Mulder v Haunui t/a Thirty30 |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant employed on fixed-term employment agreement - COSTS - Applicant sought contribution towards costs - No appearance for respondent - Chef |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant not provided with written employment agreement until after dismissed meaning fixed-term provision not effective. Even if applicant received employment agreement before accepted offer of employment, fixed-term provision did not comply with requirements of Employment Relations Act 2000. Applicant dismissed by being rostered off and subsequently told employment ended via text message. Respondent failed to comply with good faith or procedural fairness obligations. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $4,971 reimbursement of lost wages. $3,500 compensation appropriate.;COSTS: Less than one day investigation meeting. Appropriate to increase notional daily tariff due to respondent's complete failure to engage in mediation or Authority processes. Respondent to pay applicant $1,000 contribution towards costs. |
| Result | Application granted ; Reimbursement of lost wages ($4,791.16) ; Compensation for humiliation etc ($3,500) ; Costs in favour of applicant ($1,000) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s66;ERA s103A;ERA s103A(3);ERA s124;ERA s128 |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Auckland_285.pdf [pdf 98 KB] |