| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 62 |
| Hearing date | 30-Jun-16 |
| Determination date | 28 April 2017 |
| Member | H Doyle |
| Representation | M McDonald ; D Beard |
| Location | Christchurch |
| Parties | Bartholomeusz v Tradefog Global Co Ltd and Anor |
| Other Parties | Tradefog International Ltd |
| Summary | PRACTICE AND PROCEDURE - Identity of employer - JURISDICTION - Whether Authority had jurisdiction to hear and determine applicant's personal grievance - 90 day trial period UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by either first or second respondent - Salesperson |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Offer of employment and employment agreement named second respondent as employer. Applicant employed by second respondent.;JURISDICTION: Trial provision not in accordance with statutory requirements as did not state that dismissed employee not entitled to bring personal grievance or other legal proceedings in relation to dismissal. No valid trial period. Applicant permitted to raise personal grievance.;UNJUSTIFIED DISMISSAL: Limited evidence to support redundancy necessary for genuine commercial reasons. Performance concerns predominant motive for dismissal. Respondent failed to communicate performance concerns and standard that was expected or that may result in termination. Mandatory procedural requirements under s103A not met. Dismissal unjustified. REMEDIES: No contributory conduct. Second respondent to pay applicant $8,971 compensation for lost wages. $12,000 compensation appropriate. |
| Result | Applications granted ; Reimbursement of lost wages ($8,972.24) ; Compensation for humiliation etc ($12,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s67A ; ERA s67A(2) ; ERA s67A(2)(c) ; ERA s67B ; ERA s103A ; ERA s103A(3) |
| Cases Cited | Bartholomeusz v Tradefog Global Co Ltd & Anor [2016] NZERA Christchurch 120;Colosimo v Parker (2007) 8 NZELC 98 (EmpC);Rix-Trott v The Freight People Ltd [2012] NZERA Auckland 55;Smith v Stokes Valley Pharmacy (2009) Ltd [2010] ERNZ 253 (EmpC);Tradefog Global Co Ltd v Bartholomeusz [2017] NZEmpC 24;Wilson v Bruce Wilson Painting & Decorating Ltd [2014] NZEmpC 83;Wilson v Promotional Systems Ltd [2011] NZERA Auckland 166 |
| Number of Pages | 13 |
| PDF File Link: | 2017_NZERA_Christchurch_62.pdf [pdf 187 KB] |