| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 116/05 |
| Hearing date | 28 Jun 2005 |
| Determination date | 12 July 2005 |
| Member | G J Wood |
| Representation | G Dewar ; R Jamieson |
| Location | Wellington |
| Parties | Jackson v Hsien Lee t/a Treasure Restaurant |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Applicant student hired by respondent to work part-time in family business - Dismissed on two weeks’ notice - Advised no longer needed as children of family about to return to work in business during university holidays - Upon later questioning by applicant respondent said dismissed because applicant did not want tax deducted from pay, not enough work, and applicant had been employed for one month trial period - Suggestion of two and a half months compensation for lost wages rejected by respondent - During notice period applicant told to attend disciplinary meeting for her manner towards respondent including alleged demands for money - Suspended without pay pending meeting - Applicant received letter after non-attendance at meeting stating matter would be referred to police for investigation of “verbal threats and demands for money” - “Demands for money” actually suggestion of compensation - No grounds for dismissal or suspension - Not open to dismiss just because did not like some of applicant’s behaviour or because own children returning to work - Any necessary changes to regular hours of work could only be achieved after proper consultation - Unjustified dismissal - Unjustified suspension - Remedies - Account taken of respondent’s poor financial position - Difficult to assess mitigation of loss as applicant took family holidays and only sought limited hours of work - Amount of reimbursement determined in equity and good conscience - Suspension and threats of police involvement affected assessment of appropriate compensation - Waitress |
| Result | Application granted ; Reimbursement of lost wages ($1,002.75)(10 weeks including time on suspension without pay) ; Compensation for humiliation ($1,500) ; Costs reserved |
| Number of Pages | 6 |
| PDF File Link: | wa 116_05.pdf [pdf 27 KB] |