| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 240 |
| Hearing date | 11-Jul-16 |
| Determination date | 13 July 2016 |
| Member | Rachel Larmer |
| Representation | W Reid ; M Leaf |
| Location | Tauranga |
| Parties | Lawrence v Beehre & Beehre t/a Bee Happy Bees |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Applicant claimed unjustifiably dismissed by respondent - Beekeeper |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: No written employment agreement between parties. No trial period or probationary period as not recorded in written employment agreement. No formal performance management process put in place. Dismissal substantively and procedurally flawed. Dismissal unjustified. REMEDIES: Applicant mitigated loss by finding new job within seven weeks. Respondent to pay applicant $4,989 reimbursement of lost wages. $3,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($4,989.60) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A) - ERA s63 - ERA s63A - ERA s65 - ERA s67 - ERA s67(1) - ERA s67(2) - ERA s67(3) - ERA s67A - ERA s103A - ERA s103A(2) - ERA s103A(4) - ERA s124 - ERA s128(2) |
| Number of Pages | 10 |
| PDF File Link: | 2016_NZERA_Auckland_240.pdf [pdf 179 KB] |