| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 99/04 |
| Hearing date | 3 Aug 2004 |
| Determination date | 04 August 2004 |
| Member | P R Stapp |
| Representation | P Drummond ; D Qin |
| Location | Palmerston North |
| Parties | Morrison v NZ First Internet Ltd t/a QQ Internet Cafe of Palmerston North |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Respondent alleged probationary agreement - Applicant hired by manager and then boyfriend - Alleged manager had no authority to appoint staff - Any defects in appointment not pursued - Respondent alleged had been warnings about performance concerns - Issue arose about computer and mice going missing - Letter dismissed applicant for performance reasons - Discrimination - Applicant alleged hours reduced so respondent could employ more Chinese staff - Not established that reduction in hours due to racial or gender discrimination - No probationary arrangements put in writing - Wage and time records supported variable hours being worked each week - Dispute about minimum hours of work agreed - Dismissal procedurally unjustified - Predetermination - Unjustified dismissal - PENALTY - Respondent failed to provide applicant with written employment agreement - Breach not brought before Authority within 12 months of cause of action arising so no penalty could be applied - ARREARS OF HOLIDAY PAY - Respondent accepted $109 holiday pay due and owing - Agreed that director of respondent would pay net sum of $85 to satisfy amount owing - COSTS - Costs to follow event - Respondent to pay $1,500 costs plus filing fee |
| Result | Application granted ; Reimbursement of lost wages ($1,020)(8 weeks) ; Compensation for humiliation etc ($3,000) ; Costs in favour of applicant ($1,500) ; Disbursements ($70)(Filing fee) |
| Statutes | ERA s64;ERA s65;ERA s67;ERA s135(5) |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |