| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 297/05 |
| Hearing date | 27 May 2005 |
| Determination date | 04 August 2005 |
| Member | K J Anderson |
| Representation | P Jerard ; R Hedges |
| Location | Auckland |
| Parties | Jerard and Ors v Bellavista Trust |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - No written employment agreement - Applicants married couple - One applicant discovered rate paid per kilo of strawberries less than she believed had been agreed to - Also upset because someone else was in charge of packing shed when she had been assured she would be - Sent text message to respondent's owner allegedly saying Not coming in tomorrow" - Owner alleged message said "Don't want to go to work" - Owner's father later rang and said "You're all sacked" - Reasonable employer could not have interpreted either text message as resignation - Conversation with owner's father clearly conveyed dismissal - Owner alleged father had no authority in regard to employees - Clear all arrangements pertaining to applicants' employment handled by owner's father and reasonable for applicants to assume he had authority to dismiss - Unjustified dismissal - Strawberry pickers/supervisor and builder" |
| Result | Application granted ; Reimbursement of lost wages ($6,240)(each)(13 weeks) ; No order for costs ; Filing fee in favour of applicants |
| Statutes | ERA s128(2) |
| Number of Pages | 7 |
| PDF File Link: | aa 297_05.pdf [pdf 39 KB] |