| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 114 |
| Hearing date | 1-Apr-15 |
| Determination date | 20 November 2015 |
| Member | Michele Ryan |
| Representation | G Ogilvie ; K Chapman |
| Location | Wellington |
| Parties | Kerse and Anor v Cook Strait Distributors Ltd |
| Other Parties | Wright |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicants claimed unjustifiably dismissed by respondent - Whether valid 90 day trial period - Authority previously found respondent unfairly bargained with applicants |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL: Declaring trial period invalid only adequate remedy available to address unfair bargaining. 90 day trial period invalid. First applicant dismissed in reliance of invalid 90 day trial period. First applicant not given reason for dismissal and no opportunity to respond or challenge dismissal. Second applicant did not resign but was dismissed in reliance of invalid 90 trial period. Respondent did not raise concerns with second applicant about refusal to work. Dismissals unjustified. REMEDIES: No contributory conduct. Applicants’ age impediment to obtaining new work. Respondent to pay first applicant $6,032 reimbursement for lost wages and to pay second applicant $1,508 reimbursement for lost wages. $5,000 compensation appropriate for each applicant. |
| Result | Application granted ; Reimbursement of lost wages ($6,032)(first applicant)($1,508)(second applicant); Compensation for humiliation etc ($5,000)(each applicant) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s63(2)(c) - ERA s63A(2)(c) - ERA s67A - s67B - ERA s68(2)(d) - ERA s69 - ERA s69(1)(b) - ERA s103A(2) - ERA s103A(3) - ERA s113(1) - ERA s124 - ERA s128(2) - ERA s164 - ERA s164(b) |
| Cases Cited | Kerse v Cook Strait Distributors Ltd [2015] NZERA Wellington 42 |
| Number of Pages | 7 |
| PDF File Link: | 2015_NZERA_Wellington_114.pdf [pdf 198 KB] |