| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 3/05 |
| Hearing date | 8 Oct 2004 |
| Determination date | 06 January 2005 |
| Member | P R Stapp |
| Representation | P McBride, N Whittfield ; S Haskell |
| Location | Wellington |
| Parties | Carelse v YMCA Wellington Inc |
| Summary | UNJUSTIFIED DISMISSAL - Whether offered and accepted position - Applicant attended interview - Applicant took email from staff member in charge of appointment (H") as offer of position - Another email said "congratulations" from other staff member on interview panel - Not unreasonable for applicant to consider other staff member a person with knowledge and authority in respondent - Applicant attended observation sessions - Allegedly accepted job - Sought copy of agreement - H alleged applicant deliberately took employment agreement - Not established applicant took agreement for ulterior motive - Deterioration of relations between H and applicant - H alleged third party gave unfavourable report about applicant's competence - Third party gave contrary evidence in Authority - Applicant given letter stating would not be offered employment - Was offer and acceptance though not all details finalised - H evidence not reliable - More likely H decided applicant not suitable for personal reasons relating to deterioration in their relationship - Successful personal grievance - Lifeworks coach" |
| Result | Application granted ; Reimbursement of lost wages ($8,749.99)(13 weeks) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Number of Pages | 15 |
| PDF File Link: | wa 3_05.pdf [pdf 58 KB] |