| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 52/04 |
| Hearing date | 10 Feb 2004 |
| Determination date | 12 February 2004 |
| Member | Y S Oldfield |
| Representation | D Bruce ; J Vickers (Respondent in person) |
| Location | Auckland |
| Parties | McGrath v Vickers t/a Kader Automotive |
| Summary | UNJUSTIFIED DISMISSAL - Applicant employed in automotive workshop by respondent on three month trial period - At appointment agreed had licence and available for Saturday work - Lost licence - Sentenced to community service on Saturdays - Tired and uncommunicative - Offer to resign not accepted - Dismissed two weeks later on one week's notice after two mistakes in workshop and grumpy attitude - Dismissal procedurally unfair - No formal warnings - No opportunity to obtain representation - Remedies - $256 reimbursement of lost wages - $408.10 arrears of wages as agreed due to payment below youth minimum wage - Little evidence of serious hurt and humiliation - Decision to cease study not made in reliance on employment - Grievance pursued at fathers instigation - Modest award of $250 compensation for humiliation appropriate - No contributory conduct - Since respondent confirmed employment when resignation declined conduct prior to confirmation not relevant - Subsequent conduct including two mistakes and grumpy attitude not put to applicant for response so not fairly established - Automotive workshop assistant |
| Result | Application granted ; Reimbursement of lost wages ($256) ; Arrears of wages ($408.10) ; Compensation for humiliation etc ($250) ; Costs reserved |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |