| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 173/06 |
| Hearing date | 22 Nov 2006 |
| Determination date | 08 December 2006 |
| Member | J Crichton |
| Representation | P Butler & J Lucas ; S Bright |
| Location | Christchurch |
| Parties | Legge v Nordic Power Desiccants Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Whether person intending to work - Whether applicant offered employment – Applicant alleged he was offered employment on 13 September 2006 over phone by his aunt’s partner “B” who worked for respondent – Applicant moved to NZ in anticipation of new job which was anticipated to start on 1 November – Applicant signed employment agreement on 16 October – Later that day he attended meeting where he was told, by governing director of respondent, that there was no longer a position available – Whether B had authority to hire applicant – Authority found B made an offer of employment, or alternatively B held himself out as having authority to make offer – Offer and acceptance established – No warning of meeting, no opportunity to get representation or support person – Even if decision to dismiss could be justified by reason of restructuring, process far short of what a fair and reasonable employer would do - Unjustified dismissal – Evidence suggested governing director knew several days before 16 October that B had employed applicant – Had governing director urgently contacted applicant he could have prevented applicant from leaving Australia and to some extent mitigated damage subsequently caused to applicant – Salesman |
| Result | Application granted ; Reimbursement of lost wages ($13,000)(3 months) ; Reimbursement of three months holiday pay ($1,040) ; Reimbursement of travel costs ($854.71) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Cases Cited | Broadlands Finance Ltd v Gisborne Aero Club Inc [1975] 2 NZLR 496 |
| Number of Pages | 7 |
| PDF File Link: | ca 173_06.pdf [pdf 44 KB] |