| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 156/06 |
| Hearing date | 26 Oct 2006 |
| Determination date | 06 November 2006 |
| Member | P R Stapp |
| Representation | T Petherick ; D McLeod |
| Location | Wellington |
| Parties | Humphrey v Murphy's Kitchen and Home Renovators Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Dispute over terms of employment arrangement – Applicant raised issue about being paid for Easter – Employment terminated one day later - Respondent alleged applicant employed on “on-call” arrangement and arrangement was brought to end for genuine business reasons – Applicant’s employment was permanent rather than on-call – Respondent should have consulted with applicant – Procedurally unfair – Respondent unable to show that it was a genuine business decision - Unjustified dismissal – PENALTY – Failure to provide employment agreement – Penalty of $250 payable to Crown - Length of service one month – Joiner |
| Result | Application granted ; Reimbursement of lost wages (8 weeks) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Statutes | ERA s4(1A);ERA s135(4) |
| Cases Cited | Simpsons Farms Ltd v Aberhart [2006] 1 ERNZ 825 |
| Number of Pages | 7 |
| PDF File Link: | wa 156_06.pdf [pdf 34 KB] |