| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 298/07 |
| Hearing date | 19 Sep 2007 |
| Determination date | 25 September 2007 |
| Member | A Dumbleton |
| Representation | D Meredith (in person) ; W Cho |
| Location | Auckland |
| Parties | Meredith v Gengy's Investments Ltd |
| Summary | UNJUSTIFIED DISMISSAL – No written agreement – Applicant promoted to manager on three month trial period – Unclear whether employment permanent or fixed term – Respondent intended fixed term to assess suitability for management position – Not a genuine reason for fixed term – Respondent also claimed received complaints about applicant’s performance – Did not provide clear standards or deadlines - Three month trial not fair and applicant’s conduct did not give respondent sufficient grounds to summarily dismiss him – Dismissal unjustified – Restaurant manager |
| Result | Application granted ; Reimbursement of lost wages ($5,333)(2 months) ; Compensation for humiliation etc ($3,000) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s65;ERA s66(3)(b);ERA s66(6) |
| Number of Pages | 7 |
| PDF File Link: | aa 298_07.pdf [pdf 35 KB] |