| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 125/05 |
| Hearing date | 9 Aug 2005 |
| Determination date | 23 September 2005 |
| Member | P Cheyne |
| Representation | A Patterson (in person) ; J Goldstein |
| Location | Christchurch |
| Parties | Patterson v Millenium Electrical Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant told respondent he had applied for electrician's registration and practicing licence in New Zealand based on his Australian registration and expected approval any day" - Parties entered into employment agreement with three month trial period - Authority rejected claim that respondent provided inadequate support and feedback during trial period - No obligation on respondent to provide training in skills one would reasonably have expected of tradesperson - At meeting about performance concerns applicant was told he could not work for respondent unless he was registered and had practicing licence - Asked to produce proof of registration following day - Subsequently respondent told by Electrical Workers Registration Board that Australian authority had no record of registration for applicant and registration number applicant gave was bogus - At second meeting respondent again asked applicant for proof of registration - Told him about information from Board and dismissed him - Fair and reasonable employer most likely would have dismissed applicant - However fair and reasonable employer would have allowed for possibility of honest mistake and given applicant opportunity to respond to information from Board - Unjustified dismissal - Remedies - Applicant's fraudulent misrepresentation contributed so significantly as to disentitle him to any remedies - COUNTERCLAIM - PENALTY - Respondent sought penalty for breach of employment agreement - Express provision that in entering agreement respondent had relied on applicant's statements about skills, knowledge and history - However provision did not expressly state representations made by applicant as to his qualifications were true - No penalty awarded - Shift electrician" |
| Result | Application granted ; Counterclaim dismissed ; Costs reserved |
| Statutes | ERA s103A;ERA s134 |
| Number of Pages | 6 |
| PDF File Link: | ca 125_05.pdf [pdf 30 KB] |