| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 31/06 |
| Hearing date | 16 Nov 2005 |
| Determination date | 28 February 2006 |
| Member | P Montgomery |
| Representation | R Thompson ; N Daniel |
| Location | Christchurch |
| Parties | Connolly v 360 Degrees Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Applicant employed on probationary period - Respondent quickly became dissatisfied with applicant's performance - Also alleged that applicant misrepresented that she had a full license - Dismissed because applicant allegedly did not respond to significant coaching" and did not hold a full drivers license - Length of service three days - Employment agreement stated that probationary employee could be dismissed with one hour's notice - Provision at variance with established principle that a probationary employee was a permanent employee except that he or she needed to be confirmed in position - Respondent not entitled to find applicant's performance unable to be remedied - Alleged in depth counselling to improve alleged deficiencies insufficient to meet respondent's obligations under agreement - Authority preferred applicant's sworn evidence that she told respondent she did not have drivers license - Unjustified dismissal - ARREARS OF WAGES AND HOLIDAY PAY - Monies due and owing - PENALTY - Claim for penalty seriously considered - Was what might be perceived as reluctance by respondent to provide records - However, delays were explained to Authority - No penalty awarded - COSTS - Two and ï¾½ hour investigation meeting - Issues not complex - Accepted that applicant incurred additional costs as result of dilatory responses from respondent and delay in beginning investigation meeting due to advocate's late arrival - Costs in favour of applicant $1,250 - Part-time marketing assistant" |
| Result | Application granted (Unjustified dismissal) ; Arrears of wages and holiday pay ($243.69) ; Reimbursement of lost wages ($1,900) ; Compensation for humiliation etc ($3,500) ; Application dismissed (Penalty) ; Costs in favour of applicant ($1,250) |
| Statutes | Contractual Remedies Act 1979;ERA s130 |
| Number of Pages | 5 |
| PDF File Link: | ca 31_06.pdf [pdf 25 KB] |