| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 129/04 |
| Hearing date | 28 Jul 2004 |
| Determination date | 27 October 2004 |
| Member | H Doyle |
| Representation | A Baker ; K Woodroof |
| Location | Christchurch |
| Parties | Burgess v Reynolds |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Whether applicant signed employment agreement - Agreement forensically examined to determine genuineness of applicant's signature - On balance of probabilities not genuine signature - Found applicant not offered employment agreement and did not sign agreement - Satisfied was offered position as personal assistant - Permanent nature and not fixed term but to have been assessment of applicant's suitability after one month - Applicant told job above her head" and took too long to complete tasks and was dismissed - Not made clear that employer company - Respondent employed applicant and was applicant's employer - No warning of performance concerns prior to meeting - Insufficient training and support available - Dismissal procedurally and substantively unjustified - Claim for clothes purchased for office work not accepted - ARREARS OF HOLIDAY PAY - Monies due and owing - Interest 7 percent - Personal assistant" |
| Result | Application granted ; Arrears of holiday pay ($45.60) ; Interest (7 percent) ; Reimbursement of lost wages ($4,940)(3 months) ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Statutes | ERA Second Schedule cl11(1) |
| Cases Cited | Nelson Air Ltd v NZ Airline Pilots' Association [1994] 2 ERNZ 665 |
| Number of Pages | 6 |
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