| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 222/06 |
| Hearing date | 27 Jun 2006 |
| Determination date | 27 June 2006 |
| Member | L Robinson |
| Representation | J Hancock, P Byrnes ; no appearance |
| Location | Auckland |
| Parties | Thomas v Signs One Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Summary dismissal - Applicant 15 years old - No appearance by respondent – No written employment agreement – Applicant alleged respondent’s director used terrible language towards him on daily basis, made derogatory comments about him in front of clients, and began deliberately bumping into him - Applicant claimed too intimidated to confront director – Three months into employment applicant was told he would be put on trial period - Two weeks later director made disparaging remark about applicant to client so applicant left room – Director swore at applicant, asked why he was not working, then told him to “get out and don’t come back” – Applicant claimed too scared to challenge director and ended up standing in middle of street unsure what to do – Applicant did not return to work and doctor deemed him unfit for work because of stress – Unjustified dismissal – Remedies – Authority not empowered to require respondent to provide written apology – Behaviour of director inexcusable - Young applicant inexperienced in life and in workplace and not equipped with necessary skills to cope with behaviour persons well beyond his age would find difficult to endure - Length of service three and a half months - Trainee sign writer |
| Result | Application granted ; Compensation for humiliation ($5,000) ; Costs reserved |
| Statutes | ERA s103A;ERA Second Schedule cl12 |
| Number of Pages | 4 |
| PDF File Link: | aa 222_06.pdf [pdf 82 KB] |