| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 48/03 |
| Hearing date | 24 Mar 2003 |
| Determination date | 01 April 2003 |
| Member | D Asher |
| Representation | G Ogilvie ; G Fitzgerald |
| Location | Wellington |
| Parties | O'Donnell v Wellington SPCA Incorporated |
| Summary | UNJUSTIFIED DISMISSAL - Dismissed for failure to complete course - Whether term of employment to undertake veterinary nurse course - Interpretation of contract - Plain meaning - No requirement to complete course - Job description made no reference to being a specialist veterinary receptionist position - Swift termination process - Failure to take account of applicant's views - Failure to have recourse to proper disputes procedure - Dismissal substantively and procedurally unjustified - Receptionist |
| Result | Application granted ; Reimbursement of lost wages ($5,720)(3 months) ; Compensation for humiliation etc ($7,000) ; Costs reserved |
| Cases Cited | Sky Network Television Ltd v Duncan [1998] 3 ERNZ 917 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |