| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 444/05 |
| Hearing date | 4 Oct 2005 |
| Determination date | 18 November 2005 |
| Member | M Urlich |
| Representation | SR Cortesi (in person) ; Managing Director |
| Location | Auckland |
| Parties | Cortesi v Global Energy Ltd t/a North Shore Motels and Holiday Park |
| Summary | UNJUSTIFIED DISMISSAL - Respondent was new owner of motel where applicant worked - Had offered applicant employment agreement prior to possession date - Respondent alleged applicant not an employee - Grounds of dismissal were unacceptable cleaning, being intoxicated at work, and being absent without explanation - Though employment agreement unsigned, still enforceable - Part 6A Employment Relations Act 2000 applied - Applicant's employment did transfer to respondent upon sale of business and her terms and conditions of employment remained identical - Respondent could not reasonably rely on grounds it did in dismissal since applicant had not been advised employment was in jeopardy due to poor performance, the conclusion that she was intoxicated at work could not be reasonably made, applicant had notified respondent of her absence, and the exchange with the manger was not a fair putting of tentative conclusions to the applicant to enable her to provide an explanation - Dismissal unjustified - House maid |
| Result | Application granted ; Arrears of wages (One week's notice) ; Reimbursement of lost wages (One month two weeks) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Cases Cited | Warwick Henderson Gallery Ltd v Weston |
| Number of Pages | 4 |
| PDF File Link: | aa 444_05.pdf [pdf 21 KB] |