| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 421/05 |
| Hearing date | 23 Aug 2005 |
| Determination date | 21 October 2005 |
| Member | L Robinson |
| Representation | K Nicolson ; D France |
| Location | Auckland |
| Parties | Gower and Anor v Eurest NZ Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Stark contrasts in evidence - Catering service assistant and kitchen hand - First applicant alleged when started work she made it clear to site manager that she had a commitment to pick up children from school - Alleged was an arrangement about this - Site manager denied any such formal contractual arrangement - Exchange between first applicant and site manager when first applicant said would have to pick up her children - Alleged was fired along with second applicant (daughter) - Where evidence in conflict, that of site manager's preferred - Unlikely site manager would have dismissed second applicant in arbitrary and peremptory fashion as alleged - More likely that not that applicants left premises on own volition because first applicant was not permitted to leave premises to retrieve her children - No dismissals |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 4 |
| PDF File Link: | aa 421_05.pdf [pdf 54 KB] |