| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 103/03 |
| Hearing date | 3 Mar 2003 |
| Determination date | 15 April 2003 |
| Member | R A Monaghan |
| Representation | S Clews ; S Lance |
| Location | Auckland |
| Parties | Ross v Butch Merrie Building Suppplies Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissal or expiration of trial period - Whether dismissed or resigned - Alleged engaged on three month trial period - Alleged failed to obtain new customers - Complaints made about applicant - Failure to provide written employment agreement - Trial period was contrary to s67 Employment Relations Act - No trial period - Credibility - Applicant's evidence preferred - Dismissed without opportunity to respond to performance allegations or complaints - Dismissal substantively unjustified and procedurally unfair - Sales representative |
| Result | Application granted ; Reimbursement of lost wages ($7,500) ; Compensation for humiliation etc ($3,500) ; Costs reserved |
| Statutes | ERA s64;ERA s65;ERA s67 |
| Cases Cited | Nelson Air Ltd v New Zealand Airline Pilots Association [1994] 2 ERNZ 665 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |