| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 287 |
| Hearing date | 12-Sep-17 |
| Determination date | 14 September 2017 |
| Member | T Tetitaha |
| Representation | M Pretorius (in person) ; L Looi |
| Location | Auckland |
| Parties | Pretorius v Fit Pit Ltd |
| Summary | PRACTICE AND PROCEDURE – Whether applicant permanent or casual employee – UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Fitness Instructor and Sales Consultant |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: No signed employment agreement. Both parties produced unsigned agreement that referred to employee as casual. Applicant engaged in a regular work pattern where respondent expected her to be present as per roster allocations. Applicant permanent part-time employee. UNJUSTIFIED DISMISSAL: Respondent’s reason provided for immediate dismissal did not justify dismissal in and of itself. No evidence to suggest concern raised with applicant prior to dismissal. No investigation of concern. Applicant given no opportunity to respond or seek legal advice about concern. Reasonable employer could not justify dismissal giving verbal warnings the same day without following lawful process. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $1,244 reimbursement of lost wages. $2,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($1,224) ; Compensation for humiliation etc ($2,000) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 7 |
| PDF File Link: | 2017_NZERA_Auckland_287_amended.pdf [pdf 107 KB] |