| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 96/07 |
| Hearing date | 28 Mar 2007 |
| Determination date | 29 March 2007 |
| Member | R Arthur |
| Representation | F Sabbineni ; no appearance |
| Location | Auckland |
| Parties | Barnett v McLoud t/a European Wholesale Cars |
| Summary | UNJUSTIFIED DISMISSAL – Summary dismissal – No appearance for respondent – No written employment agreement - More likely than not applicant’s evidence described employment and dismissal - On two occasions not paid wages or short paid, causing bank dishonour fees - Raised issue and respondent said would take care of it" - Applicant moved cars in yard without checking with respondent first - Sworn at and told to get off property when queried cheque payment - Respondent later alleged applicant casual employee and could not have been dismissed - Applicant employed to work on full time on-going basis – Unlikely to have left previous job for uncertainty of casual work - Sent away in manner unequivocally a dismissal - Applicant’s behaviour may have raised legitimate concern or issue for respondent - Fair and reasonable employer would have stated concerns and asked for explanation before deciding on disciplinary action - Appeared to be no issues of poor performance or misconduct - Dismissal unjustified - Identity of employer - Authority satisfied respondent applicant's employer - Must bear personal obligation of remedies - Respondent breached obligation to provide employment agreement - COSTS - One hour investigation meeting - Appropriate to award costs of $500 plus filing fee - Length of service over two months - Car groomer" |
| Result | Application granted ; Reimbursement of lost wages ($2,240) ; Compensation for humiliation etc ($4,000) ; Costs in favour of applicant ($500) ; Disbursements ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s65;ERA s103A |
| Number of Pages | 4 |
| PDF File Link: | aa 96_07.pdf [pdf 29 KB] |