| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 382 |
| Hearing date | 6-Dec-17 |
| Determination date | 11 December 2017 |
| Member | J Trotman |
| Representation | N/A |
| Location | Auckland |
| Parties | Cazabat-Alliod v Empire Enterprises Ltd, Hamilton Embassy Enterprises Ltd t/a Le Chef Vulcan Lane |
| Summary | JURISDICTION – Whether valid trial period – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Barista/Waitress |
| Abstract | AUTHORITY FOUND – JURISDICTION: Respondent did not comply with contractual notice period so barred from relying on trial period. Applicant existing employee when she signed employment agreement. No valid trial period. UNJUSTIFIED DISMISSAL: Process leading to dismissal was defective. No investigation before dismissal, no raising of concerns with applicant, no opportunity for applicant for respond, no genuine consideration of explanation before dismissal. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $1,209 reimbursement of lost wages. Interest payable. |
| Result | Application granted (unjustified dismissal) ; Reimbursement of lost wages ($1,209.60) ; Interest payable (5%) ; Application dismissed (unjustified disadvantage) Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s67 ; ERA s67A ; ERA s67A(3) ; ERA s67B ; ERA s67B(2) ; ERA s103A(3)(a) ; ERA s103A(5) ; ERA s124 ; ERA s174E ; ERA Second Schedule cl11 ; EAR r26 ; Judicature (Prescribed Rate of Interest) Order 2011 cl4 |
| Cases Cited | Farmer Motor Group Ltd v McKenzie [2017] NZEmpC 98 Smith v Stokes Valley Pharmacy (2009) Ltd [2010] NZEmpC 111, [2010] ERNZ 253 |
| Number of Pages | 7 |
| PDF File Link: | 2017_NZERA_Auckland_382.pdf [pdf 175 KB] |