| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 12/02 |
| Determination date | 24 January 2002 |
| Member | G J Wood |
| Representation | G Ogilvie ; D Anderson |
| Location | Wellington |
| Parties | Scott v Tantastique Beauty Complex Unisex Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Whether dismissed or resigned - No written employment agreement - Told respondent at pre-employment interview that he was fully qualified and had no criminal convictions - Employed on trial basis - Trial extended twice due to concerns with tidiness of salon - Swore at respondent after requested to mop floor - Became aware of applicant's criminal convictions and that not fully qualified - Resigned after allegations of deceit put to applicant - Credibility - Evidence of respondent's witnesses preferred - No dismissal - PENALTY - No penalty for failing to provide reasons for dismissal - No penalty for failure to provide time and wage records - No specific prejudice caused to applicant - Penalty awarded for failure to provide written employment agreement - Blatant breach of Employment Relations Act 2000 - Hairdresser |
| Result | Application granted in part ; Penalty ($500)(Crown) ; Costs reserved |
| Statutes | ERA s64;ERA s65;ERA s67;ERA s130 |
| Cases Cited | Nelson Air Ltd v New Zealand Airline Pilots Association [1994] 2 ERNZ 665 |
| Number of Pages | 7 |
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