| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 339/05 |
| Hearing date | 15 Aug 2005 |
| Determination date | 05 September 2005 |
| Member | R A Monaghan |
| Representation | G Norton ; BR Stafford-Bush |
| Location | Auckland |
| Parties | Butcher v Sheldon and Partners Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant moved from South Africa to take up position - Delay in visa meant respondent had to hire new staff member, so told applicant position no longer available but would be happy to talk about alternative position - After began employment respondent discovered applicant did not have qualification as thought had - No misrepresentation by applicant - Rather mistaken assumptions by respondent - Applicant dismissed because alleged would take to long to train him to necessary standard - Dismissal unjustified - No breach of good faith - Claim for interest on holiday pay dismissed since claim met in full after mediation and Authority not asked to give judgment in respect of that matter - PENALTY - No written employment agreement - Penalty of $250 appropriate - Property valuer |
| Result | Application granted ; Reimbursement of lost wages ($923.08)(One week) ; Compensation for humiliation etc ($4,000) ; Penalty ($250)(To Crown) ; Costs reserved |
| Statutes | ERA s64;ERA s64(2);ERA s64(3);Valuers Act 1948 |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 5 |
| PDF File Link: | aa 339_05.pdf [pdf 31 KB] |