| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 223/04 |
| Hearing date | 11 Jun 2004 |
| Determination date | 28 June 2004 |
| Member | V Campbell |
| Representation | G Wagg ; H Thorpe |
| Location | Auckland |
| Parties | Craig v Dean Pritchard Builders |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Employed initially on trial period then reconfirmed in permanent position - Admitted poor performance - Numerous informal discussions - Dismissal procedurally unfair and substantively unjustified - Remedies - Sought loss of benefit related to apprenticeship - Alleged expectation of retention for entire apprenticeship - Alleged requirement to place applicant with another employer - No requirements to retain applicant or place applicant elsewhere - ARREARS OF WAGES - Alleged non-payment for meal break - Arrears due and owing - Holiday pay due and owing on arrears - BARGAINING - Whether unfair bargaining - Alleged failure to provide written employment agreement - Alleged failure to advise of right to seek independent advice - Employment agreement and independent advice would have prevented current employment relationship problem - Element of unfair bargaining established - Apprentice carpenter |
| Result | Application granted ; Arrears of wages ($330) ; Arrears of holiday pay ($39.45) ; Compensation for humiliation etc ($1,500) ; Compensation for unfair bargaining ($1,000) ; Costs reserved |
| Statutes | ERA s64;ERA s67;ERA s68;ERA s68(2)(d);ERA s69;ERA s69(1)(a) |
| Cases Cited | Meharry v Guardall Alarms Ltd [1991] 3 ERNZ 305;Petersen v Board of Trustees Of Buller High School [2002] 1 ERNZ 139;Trotter v Telecom Corp of NZ Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 11 |
| PDF File Link: | aa 223_04.pdf [pdf 64 KB] |