| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 254 |
| Hearing date | 20-Aug-15 |
| Determination date | 21 August 2015 |
| Member | Eleanor Robinson |
| Representation | M Harrison ; M Flyger |
| Location | Hamilton |
| Parties | Phillips v Modern Transport Engineers (2002) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Determination of preliminary issue - Whether valid 90 trial period provision - Applicant not provided written copy of employment agreement (“EA”) - Applicant did not recall whether EA contained 90 day trial period provision - Storeman |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL - Onus on respondent to show 90 day trial period provision included in applicant’s EA. Respondent failed to retain a copy of applicant’s signed EA. Fact that standard EA used by respondent contained 90 day trial period provision did not confirm that applicant’s EA contained 90 day trial period provision. No valid 90 day trial period provision. Parties directed to attend mediation. Leave granted for applicant to pursue unjustified dismissal claim failing agreement in mediation. Applicant entitled to progress unjustified dismissal grievance. |
| Result | Application granted ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA - ERA s63A - ERA s63A(2)(a) - ERA s63A(2)(b) - ERA s63A(2)(c) - ERA s64 - ERA s67A - ERA s67A(2) - ERA s67B |
| Cases Cited | Blackmore v Honick Properties Ltd [2011] NZEmpC 152, [2011] ERNZ 445 |
| Number of Pages | 7 |
| PDF File Link: | 2015_NZERA_Auckland_254.pdf [pdf 169 KB] |