| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 401/05 |
| Hearing date | 8 Sep 2005 |
| Determination date | 10 October 2005 |
| Member | Y S Oldfield |
| Representation | J Coyle ; M Nihoniho |
| Location | Auckland |
| Parties | Madwhan v Box Lounge Ponsonby Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Employment lasted one week - Respondent had taken over restaurant - Was introduced to applicant as potential replacement of a chef who wished to leave - Respondent said never guaranteed him any minimum hours of work and was employed on trial period - Alleged dismissed him after one week because not happy with performance and did not need extra staff member - Could not rely on probationary term not in writing - Dismissal to be justified in same way as dismissal from permanent employment - Respondent did not attempt to say dismissal followed fair and reasonable procedure - Remedies - Not satisfied adequately mitigated loss - Dismissal unjustified |
| Result | Application granted ; Reimbursement of lost wages ($2,400)(Four weeks) ; Compensation for humiliation etc ($500) ; No order costs |
| Statutes | ERA s67 |
| Number of Pages | 2 |
| PDF File Link: | aa 401_05.pdf [pdf 13 KB] |