Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 65/04
Hearing date 11 Feb 2004
Determination date 25 February 2004
Member K Raureti
Representation M Payne (Applicant in person) ; R Harrison
Location Auckland
Parties Payne v BurkMore Ltd t/a Hikurangi Learning Centre
Summary UNJUSTIFIED DISMISSAL - Applicant worked part-time in job share position - Employed on trial period - Alleged not given written notice of termination and not given reasons for dismissal - Pay discrepancy issue resolved at investigation meeting - CEO had concerns that job share not working but did not discuss with applicant - Given two weeks' notice - Employee who was job sharing took job full time - Unjustifiably dismissed - Proposition that applicant redundant not accepted - Employment terminated because trial unsuccessful
Result Application granted ; Reimbursement of lost wages ($3,120)(13 weeks) ; Compensation for humiliation etc ($1,500) ; Costs reserved
Statutes ERA s64;ERA s65;ERA s67;ERA s120;ERA s124
Cases Cited Nelson Air Ltd v New Zealand Airline Pilots Association [1994] 2 ERNZ 665
Number of Pages 4
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