| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 228/05 |
| Hearing date | 1 Mar 2005 |
| Determination date | 21 June 2005 |
| Member | J Scott |
| Representation | E Lokeni ; C Bekesi |
| Location | Auckland |
| Parties | Dizac v Marvel Distributors Ltd |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - No written employment agreement - Applicant, aged 15 years old, employed by respondent for short duration of less than one month - Respondent alleged applicant had misrepresented her experience and qualifications at job interview - Proposed to decrease applicant's salary - Applicant late to work once and absent from work for one day - Received written warning - When applicant questioned about written response to warning, she became abusive in front of staff and customer - Asked to leave and later dismissed - No misrepresentation at interview - Respondent responsible for exceptionally poor selection process - If applicant refused to be redesignated as office junior then employer required to implement training and support required to lift applicant's performance to necessary standard - Only then if applicant failed to lift performance could respondent have considered dismissal - Given applicant's young age it was unfair to propose salary reduction in informal setting - Suspension without proper process amounted to unjustified disadvantage - Dismissal unjustified on procedural and substantive grounds - Remedies - Applicant's angry reaction inappropriate but understandable - No contributory conduct |
| Result | Application granted ; Reimbursement of lost wages ($3,616.96) ; Compensation for humiliation etc ($2,500) ; Costs reserved |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZLR 549;Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 10 |
| PDF File Link: | aa 228_05.pdf [pdf 55 KB] |