| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 227/04 |
| Hearing date | 1 Jul 2004 |
| Determination date | 06 July 2004 |
| Member | L Robinson |
| Representation | M Naufahu (in person) ; C Giles, R Giles |
| Location | Auckland |
| Parties | Naufahu v Giles and Anor |
| Other Parties | Zwariowane Psy Ltd |
| Summary | UNJUSTIFIED DISMISSAL - First respondent struck out - Second respondent alleged applicant justifiably dismissed after two week trial period - Applicant started in full time position on $12.00 per hour - Shortly after commenced work was told hourly wage would be $11.00 - Paid $10.00 per hour - Told things not working out and dismissed - Not provided with employment agreement - Following week told could only work two days and concerns raised about applicant's performance - Dispute over final date of work - Employment not subject to two-week trial period - Respondent reminded of obligations in relation to employment agreements and trial periods - Respondent accepted had not met obligations - No penalties imposed in respect of breaches since no application for those - Dismissal unjustified - Bar person |
| Result | Application granted ; Reimbursement of lost wages ($9,600)(20 weeks) ; Compensation for humiliation etc ($1,500) ; No order for costs |
| Statutes | ERA s65;ERA s67 |
| Cases Cited | Pascoe v Covic Motors Ltd [1994] 2 ERNZ 152 |
| Number of Pages | 6 |
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