| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 354 |
| Hearing date | 19-Oct-16 |
| Determination date | 19 October 2016 |
| Member | E Robinson |
| Representation | H King ; I Liebig (in person) |
| Location | Whangarei |
| Parties | Walker v Liebig |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent – 90 day trial period – Whether applicant fixed term employee – COSTS – Applicant sought contribution to costs - Teacher aide |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Applicant did not sign employment agreement (“EA”) before starting work. Trial period invalid. Reasons for fixed-term not set out in EAs so applicant not employed on fixed-term. No evidence that any disciplinary issues, other than minor incident, raised with applicant during employment. Respondent failed to follow fair process. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $474 reimbursement of lost wages. $4,000 compensation appropriate. COSTS: Half day investigation meeting. Appropriate to increase notional daily tariff to reflect conduct by respondent that unnecessarily prolonged investigation. Respondent to pay applicant $3,250 contribution to costs. |
| Result | Application granted ; Reimbursement of lost wages ($474.95) ; Compensation for humiliation etc ($4,000) ; Costs in favour of applicant ($3,250) |
| Main Category | Personal Grievance |
| Statutes | ERA s4 ; ERA s66(1) ; ERA s66(2)(a) ; ERA s66(4) ; ERA s67A ; ERA s67B ; ERA s103A ; ERA s124 |
| Cases Cited | Blackmore v Honick Properties Ltd [2011] NZEmpC 152, [2011] ERNZ 445 ; PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC) |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Auckland_354.pdf [pdf 183 KB] |