| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 104 |
| Hearing date | 4 may 2015 |
| Determination date | 27 July 2015 |
| Member | J Crichton |
| Representation | M Johnston (in person) ; S Smith (in person) |
| Location | Christchurch |
| Parties | Johnston v Smith t/a Rose Giardino Montessoris Nursery School |
| Summary | PRACTICE AND PROCEDURE - Identity of employer - Whether applicant employed by respondent - Respondent’s company in process of being struck off Companies Registrar - UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether valid 90 trial period provision - Whether applicant employed by respondent - Respondent allegedly required to contemplate job sharing arrangement - Teacher |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Employment Agreement (“EA”) did not refer to respondent’s company. Applicant employed by respondent.;UNJUSTIFIED DISMISSAL: Forfeiture of right to personal grievance not spelt out in EA and employment commenced before EA signed. No valid 90 trial period. No job sharing arrangement proposed by respondent. No constructive dismissal. |
| Result | Application dismissed (unjustified dismissal) ; No order for costs |
| Main Category | Personal Grievance |
| Number of Pages | 8 |
| PDF File Link: | 2015_NZERA_Christchurch_104.pdf [pdf 208 KB] |