| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 93/03 |
| Hearing date | 20 Jun 2003 |
| Determination date | 02 July 2003 |
| Member | P R Stapp |
| Representation | S Dyhrberg, C Treadwel ; P Bremer |
| Location | Wellington |
| Parties | Assor v Futuna Trust |
| Summary | UNJUSTIFIED DISMISSAL - Misguided belief that respondent able to rescind unsigned employment agreement - No written employment agreement initially - Tension between applicant and her boss - Verbal abuse by boss - Agreed to continue working on half the pay and to leave if employment did not work out - Alleged demotion - Requested pay rise - Warnings issued relating to performance - Dismissed after personal grievance raised - Purported to rescind unsigned agreement - Condition that applicant leave if employment did not work out unlawful - No demotion - Employed as part of team - Warnings unfair and predetermined - Dismissal unjustified on grounds of unsigned employment agreement - Likely ulterior motives for dismissal - Ignorance of law not acceptable - Remedies - Fixed term agreement - Entitlement to remaining portion of fixed term affected by expiry of work permit - Office administrator |
| Result | Application granted ; Reimbursement of lost wages ($35,377.50) ; Reimbursement of lost benefit ($1,000)(Bonus) ; Compensation for humiliation etc ($15,000) ; Costs reserved |
| Statutes | ERA s64;ERA s65;ERA s67 |
| Number of Pages | 11 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |