| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 367/02 |
| Hearing date | 8 Jul 2002 - 9 Sep 2002 (2 days) |
| Determination date | 23 December 2002 |
| Member | K J Anderson |
| Representation | M McCarthy ; J Peebles |
| Location | Auckland |
| Parties | Doran & Anor v Mafileo |
| Other Parties | Doran |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Whether applicants signed contract under duress - No evidence of duress - Alleged failure to adequately fulfil duties resulted in significant financial loss to respondent - Substantial evidence of failure to comply with lawful instructions - Respondent advised applicant's contract would not be renewed - Respondent incorrectly assumed contract was for fixed term - Sufficient notice given to applicants - Dismissal substantively justified and procedurally fair - ARREARS OF WAGES - Alleged non-payment for weekends worked - Alleged non-payment of minimum wage - Evidence insufficient to support weekend work claim - Minimum wage claim better advanced through complaint to Labour Inspector - Applicants able to re-apply to Authority with regard to minimum wage claim - Farm manager |
| Result | Application dismissed ; Orders accordingly ; Costs reserved |
| Statutes | ERA s157;ERA s173 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |