| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 133 |
| Hearing date | 29 Apr 2015 |
| Determination date | 11 May 2015 |
| Member | E Robinson |
| Representation | S Austin ; H Tucker |
| Location | Tauranga |
| Parties | Clark v Angard Inverstments Ltd t/a Hair & Beauty By Design |
| Summary | UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably dismissed by respondent – Summary dismissal - Whether applicant casual or permanent part-time employee – Hairdresser |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Applicant worked infrequent hours, had work allocated in advance by roster, worked regular days, required to give notice of absences, and received holiday pay. Mutual expectation of continuity of employment between parties. Applicant permanent part-time employee. Respondent believed applicant casual employee and could be dismissed at will. Respondent failed to follow disciplinary process in relation to applicant’s absences. Applicant unaware of problems and not given chance to explain and have explanations considered. Both parties breached good faith duties. Dismissal unjustified. REMEDIES: 20 per cent contributory conduct. Respondent to pay applicant $1,772 reimbursement of lost wages. $3,200 compensation appropriate. |
| Result | Application granted ; Contributory conduct (20%) ; Reimbursement of lost wages ($1,772. 80) ; Compensation for humiliation etc ($3,200) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s4;ERA s6;ERA s103A;ERA s124;ERA s128(2);Holidays Act 2003;Holidays Act 2003 s28;Holidays Act 2003 s28(1)(ii) |
| Cases Cited | Allen v TransPacific Industries Group Ltd (t/a Media Smart Ltd) (2009) 6 NZELR 530 (EmpC);Bank of Montreal v United Steelworkers of America (1987) 19 CLRB (NS);Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 225 (EmpC) |
| Number of Pages | 16 |
| PDF File Link: | 2015_NZERA_Auckland_133.pdf [pdf 220 KB] |