| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 465/05 |
| Hearing date | 2 Dec 2005 |
| Determination date | 05 December 2005 |
| Member | A Dumbleton |
| Representation | GE Nelson (in person) ; no appearance |
| Location | Auckland |
| Parties | Nelson v Five Star Plus Holdings Ltd |
| Summary | UNJUSTIFIED DISMISSAL - No appearance by respondent - Parties entered into oral employment agreement under which applicant was to be full time supervisor of labourers on city demolition site for $12 per hour - Subsequently respondent informed applicant that work could not start immediately as particular permit needed for demolition job had not yet been obtained - Eventually applicant began looking for another job - No requirement that actual performance of agreed work must have started before person in applicant's position could bring claim - No justification from respondent for its actions - Unjustified dismissal - COSTS - Applicant legally aided but required to repay Legal Services Agency if successful - Respondent ordered to contribute towards legal aid - Supervisor |
| Result | Application granted ; Reimbursement of lost wages ($2,400)(5 weeks) ; Compensation for humiliation etc ($2,500) ; Costs in favour of applicant ($1,223.50) |
| Statutes | ERA s6;ERA s137;ERA s141 |
| Number of Pages | 2 |
| PDF File Link: | aa 465_05.pdf [pdf 11 KB] |