Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 161/03
Hearing date 16 May 2003
Determination date 04 June 2003
Member D King
Representation M Dew ; C Roskilly
Location Auckland
Parties Habibi v Roskilly t/a The Classic Car Clinic
Summary UNJUSTIFIED DISMISSAL - Poor performance - Employed for initial trial period of 4 weeks - Employment continued beyond 4 weeks - Respondent dissatisfied with applicant's progress - Rude and abusive towards applicant - Dismissed in front of other staff members - Swearing at employees not acceptable - No prior indication of dismissal - No warnings about performance concerns - Permanent employment confirmed by working past 4 week period - Trial period ineffective in any event as not recorded in writing - Unjustified dismissal - Mechanic
Result Application granted ; Reimbursement of lost wages ($5,480)(5 months) ; Compensation for humiliation etc ($7,000) ; Costs reserved
Number of Pages 3
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