| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 164 |
| Hearing date | 28-Apr-15 |
| Determination date | 02 November 2015 |
| Member | M B Loftus |
| Representation | P McBride ; G Downing |
| Location | Nelson |
| Parties | Macnab v Mount Campbell Communications Ltd and Anor |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Incompatibility - Applicant claimed unjustifiably disadvantaged by respondent’s failure to provide training, support or performance reviews and unjustifiably dismissed by respondent – Whether valid fixed term employment agreement (“EA”) – PENALTY – Applicant sought penalties for respondents’ breaches of EA – Account manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Fixed term contract appeared to be used to establish applicant’s suitability for role. No genuine reason under s 66 Employment Relations Act 2000 for fixed term employment. Dismissal unjustified. Applicant failed to provide sufficient evidence of disadvantage. No unjustified disadvantage. REMEDIES: No contributory conduct. Respondent to pay applicant $16,750 reimbursement of lost wages. $10,000 compensation appropriate.;PENALTY: Applicant failed to pursue breaches, so respondent unaware of them. Respondent’s conduct not deliberate or reckless. No penalty. |
| Result | Application granted (unjustified dismissal) ; Reimbursement of lost wages ($16,750) ; Compensation for humiliation etc ($10,000) ; Applications dismissed (unjustified disadvantage)(penalty) |
| Main Category | Personal Grievance |
| Statutes | ERA s66(2)(a);ERA s66(3)(b);ERA s128(2) |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Christchurch_164.pdf [pdf 173 KB] |