| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 45/05 |
| Hearing date | 8 Mar 2005 |
| Determination date | 14 March 2005 |
| Member | G J Wood |
| Representation | D Dahya (in person) ; R Seymour |
| Location | Wellington |
| Parties | Dahya and Anor v Seyclean Schools Ltd |
| Other Parties | Dahya |
| Summary | UNJUSTIFIED DISMISSAL - Both applicants employed by company to clean school - Company lost contract for school cleaning to respondent - Applicants' employment terminated - Respondent never offered applicants positions at school - One applicant offered position by respondent at other schools but never accepted any - Neither applicant a person intending to work" - No sustainable legal grounds for applicants to claim personal grievances against respondent - COSTS - Respondent's principal incurred eight hours executive time and sought between $400 and $800 in expenses - Applicants warned of problems with proceeding with legally unmeritorious claim - Higher proportion of expenses to be awarded - Expenses of $300 appropriate - Cleaners" |
| Result | Application dismissed ; No order for costs ; Expenses in favour of respondent ($300) |
| Cases Cited | Hayden v Wellington Free Ambulance Service [2002] 1 ERNZ 399;Open Systems Ltd v Pontifex [1995] 2 ERNZ 211 |
| Number of Pages | 4 |
| PDF File Link: | wa 45_05.pdf [pdf 19 KB] |