| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 62/01 |
| Determination date | 01 June 2001 |
| Member | D King |
| Representation | J Lawrie ; No appearance |
| Location | Auckland |
| Parties | Pearce v Ahmed t/a Ahmed Manufacturing |
| Summary | UNJUSTIFIED DISMISSAL - No appearance for respondent - Employed during negotiations for new premises - No written contract - Assurances for future given - Dismissed when negotiations failed - No notice given - One week's notice appropriate - PENALTY - Failed to provide explanation of dispute resolution procedures, copy of contract and reasons for dismissal when requested - No provision for penalty for failure to give reasons - Burden of proof of beyond reasonable doubt - Penalty appropriate - Machinist |
| Result | Application granted ; Reimbursement of lost wages ($400) ; Compensation for humiliation etc ($4,000) ; Penalty payable to applicant ($1,000) ; Costs in favour of applicant ($270)(Including filing fee) |
| Statutes | ERA s64;ERA s64(2)(a);ERA s64(2)(b);ERA s64(3);ERA s65(2);ERA s120;ERA s133;ERA s136(2) |
| Number of Pages | 4 |
| PDF File Link: | aa 62_01.pdf [pdf 22 KB] |