| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 69 |
| Hearing date | 3-Mar-16 |
| Determination date | 25 May 2016 |
| Member | Helen Doyle |
| Representation | R Thompson ; P Moore |
| Location | Christchurch |
| Parties | Rahman v Initiative! Un Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably disadvantaged by respondent’s actions – Applicant claimed unjustifiably dismissed by respondent – Whether valid 90 day trial period – ARREARS OF WAGES – Applicant sought arrears of wages – PENALTY – Applicant sought penalty for unfair bargaining and failure to provide wage and time records – Marketing coordinator |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Dismissal claim subsumed unjustified disadvantage claim. No unjustified disadvantage. Applicant not employee before employment agreement signed. Trial period had no specified period. Trial period did not comply with statutory requirements. 90 day trial period invalid. Applicant unaware of concerns about performance. Respondent did not put concerns to applicant and did not give reasonable opportunity to respond. Defects in process not minor and resulted in applicant treated unfairly. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $7,436 reimbursement of lost wages. $8,000 compensation for humiliation etc appropriate.;ARREARS OF WAGES: No clear evidence of hours applicant worked. Respondent did not keep formal records about when applicant was working. Respondent to pay applicant $143 arrears of wages.;PENALTY: Applicant able to raise personal grievance because trial period invalid. No unfair bargaining. Wage and time records inadequate. Respondent’s omissions inadvertent and not deliberate. No penalty. |
| Result | Applications granted (unjustified dismissal)(arrears of wages) ; Arrears of wages ($143) ; Reimbursement of lost wages ($7,436) ; Compensation for humiliation etc ($8,000) ; Applications dismissed (unjustified disadvantage)(penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s67A;ERA s67A(2)(a);ERA s67B;ERA s69;ERA s103A;ERA s103A(3)(a);ERA s103A(3)(d);ERA s123(1)(b);ERA s123(1)(c)(i);ERA s130 |
| Cases Cited | Lumb-Vaipapa v B & Y Trust Co 2015 Ltd [2015] NZERA Christchurch 187;Smith v Stokes Valley Pharmacy (2009) Ltd [2010] NZEmpC 111, [2010] ERNZ 253 |
| Number of Pages | 17 |
| PDF File Link: | 2016_NZERA_Christchurch_69.pdf [pdf 276 KB] |