| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 197/05 |
| Hearing date | 9 May 2005 |
| Determination date | 27 May 2005 |
| Member | R A Monaghan |
| Representation | BS Pradeep (in person) ; A Cook |
| Location | Auckland |
| Parties | Pradeep v Star Service Stations Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant dismissed after security check - Not rostered on for further shifts - Asked for explanation - Failure to provide written reasons for dismissal breach of s120 Employment Relations Act 2000 - Shortcomings in dealings with applicant - Agreement between parties made which included applicant's reinstatement - Letter written recording agreement - Applicant regarded letter as unprofessional and unnecessary - Not accepted that letter contained a suggestion applicant had done anything wrong - Correspondence between parties - Applicant did not return to work - Not entitled to higher wage as alleged - No legal basis for claim for emergency money for medical treatment for son - Agreement not resolution of all matters - Reinstatement declined - Applicant made undeserved negative comments about managers - Illness would have affected ability to work - Also safety concerns - Other claims dismissed - Forecourt attendant |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined)(3 weeks) ; Compensation for humiliation etc ($2,500) ; Costs reserved |
| Statutes | ERA s120 |
| Number of Pages | 8 |
| PDF File Link: | aa 197_05.pdf [pdf 49 KB] |