| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Christchurch 142 |
| Hearing date | 16-Aug-17 |
| Determination date | 24 August 2017 |
| Member | H Doyle |
| Representation | R Ingram ; no appearance |
| Location | Nelson |
| Parties | Kerr v Michelle Kelly t/a Hotel Motueka and Anor |
| Other Parties | Tasman Bay Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Whether applicant employed by first respondent or second respondent – JURISDICTION – Whether valid 90 day trial provision – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Duty Manager |
| Abstract | AUTHORITY FOUND – PRACTICE AND PROCEDURE: Clause 3 of Employment Agreement (“EA”) named applicants employer as Ms Kelly. Schedule A of EA referred to the employer as Tasman Bay Ltd, Ms Kelly and Mr Hedges. Payments of wages were made by Tasman Bay. Applicants claim against both first and second respondent accepted. Applicant employed by both first respondent and second respondent. JURISDICTION: Applicant commenced employment before signing EA. Trial provision unable to be relied on by respondent. Applicant not prevented from bringing a personal grievance. No valid trial period. UNJUSTIFIED DISMISSAL: Applicant not advised that her employment was in jeopardy if she did not complete a task asked of her. Applicant had no opportunity to respond to any concerns and have those considered before her employment was terminated. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $7,541 reimbursement of lost wages. $10,000 compensation appropriate. |
| Result | Applications granted ; Reimbursement of lost wages ($7,541.82) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 ; ERA s67A ; ERA s67A(2) ; ERA s67A(3) ; ERA s67B(2) ; ERA s103A ; ERA s103A(3) ; ERA s124 ; ERA s128(2) ; ERA s128(3) |
| Number of Pages | 12 |
| PDF File Link: | 2017_NZERA_Christchurch_142.pdf [pdf 140 KB] |