| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 495 |
| Determination date | 03 December 2014 |
| Member | A Fitzgibbon |
| Representation | D Williamson (in person) ; J West |
| Location | Auckland |
| Parties | Williamson v New Zealand Institute of Studies Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably disadvantaged by being removed from teaching classes – Applicant claimed unjustifiably dismissed by respondent – Two week work trial – Whether valid trial period provision – Student complaints – ESOL – English teacher |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Trial period relied on by respondent not included as clause in written employment agreement (“EA”) because applicant never provided with written EA. Two week work trial effectively fixed term EA to establish applicant’s suitability to undertake teaching role. Fixed term EAs could not be used to establish employee’s suitability for ongoing employment. Respondent unable to rely on trial period or fixed term provision to end employment relationship. Respondent raised performance issues with applicant but did not allow proper opportunity for applicant to respond. Applicant unjustifiably disadvantaged by requirement to not continue teaching afternoon classes. Dismissal unjustified. REMEDIES: Respondent could not address performance issues with applicant because of applicant’s actions. 50 per cent contributory conduct. Respondent to pay applicant $450 reimbursement of lost wages. $500 compensation appropriate for unjustified dismissal. |
| Result | Applications granted ; Contributory conduct (50%) ; Reimbursement of lost wages ($450) ; Compensation for humiliation etc ($500)(unjustified dismissal) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s65;ERA s66;ERA s67;ERA s67A;ERA s103A;ERA s124;ERA s128 |
| Cases Cited | Salad Bowl Ltd v Howe-Thornley [2013] ERNZ 326 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Auckland_495.pdf [pdf 241 KB] |