| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 225/04 |
| Determination date | 05 July 2004 |
| Member | M Urlich |
| Representation | B Andrews ; M Ryan |
| Location | Auckland |
| Parties | Smith v Nova Institute of Education NZ Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Alleged dismissed firstly on notice or secondly summarily two days later - Whether casual employee - Part time permanent employee - Dismissal on notice unjustified since permanent employee - After dismissal applicant inadvertently removed resources from respondent's premises - Summarily dismissed - Not given opportunity to respond - Could not be dismissed second time - Attempted summary dismissal" was unilateral variation of agreement to work out notice period - Well established principle that was unjustifiable to unilaterally vary agreement - Applicant entitled to be paid notice period - Teacher" |
| Result | Application granted ; Reimbursement of lost wages (9 weeks plus rest of notice period of 8 days) ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Statutes | ERA s60;ERA s66 |
| Cases Cited | Norske Skog Tasman Ltd v Clarke [2004] 3 NZLR 323;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |