| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 179A/07 |
| Hearing date | 15 Jun 2007 |
| Determination date | 31 July 2007 |
| Member | D King |
| Representation | M Hollands (in person) ; no appearance |
| Location | Auckland |
| Parties | Hollands v Jam Marketing Pty Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - No appearance for respondent - No written employment agreement - Earlier determination found applicant an employee - Matter determined on applicant's uncontested evidece - Applicant employed to sell timeshare properties on salary plus commission basis - Within two months told was being let go because was “a round peg in a square hole” - Not given any indication employment at risk or opportunity to comment - Manner dismissal affected brutal" - Decision predetermined - Dismissal unjustified - PENALTY - Respondent intended to provide employment agreement but failed to do so - Penalty appropriate - COSTS - Applicant entitled to costs - Applicant to forward details of expenditure incurred to Authority" |
| Result | Application granted ; Reimbursement of lost wages ($5,000)(10 weeks) ; Compensation for humiliation etc ($8,000) ; Penalty ($3,000)(Payable to Crown) |
| Main Category | Personal Grievance |
| Statutes | ERA s136(1) |
| Number of Pages | 3 |
| PDF File Link: | aa 179a_07.pdf [pdf 15 KB] |