| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 19/08 |
| Hearing date | 7 Nov 2007 |
| Determination date | 28 February 2008 |
| Member | J Crichton |
| Representation | J Guthrie ; M Guest |
| Location | Dunedin |
| Parties | Ahuru v Utility Styles Ltd t/a Identity |
| Summary | UNJUSTIFIED DISMISSAL - Employment of twelve days - Applicant on unemployment benefit when interviewed and offered employment by respondent - Applicant remained on benefit during three month period until employment began - Six days into employment respondent spoken to about performance - Respondent’s manager (“M”) and M’s wife (“D”) seriously assaulted with M being hospitalised - D required to take over management of respondent whilst continuing own full time employment with another employer - D had meeting with applicant about performance issues and consequently employment relationship ended - Parties disputed what occurred at meeting with D alleging applicant resigned and applicant claiming was dismissed - Respondent claimed if applicant did not resign then dismissed for incapacity - Respondent claimed applicant misrepresented abilities and incapable of performing job - Authority found evidence of respondent’s witnesses that applicant resigned - Not open to respondent to offer alternative argument not supported by evidence - Authority preferred D’s evidence as to what happened at meeting - D’s evidence corroborated by another employee - Authority found no evidence consistent with a dismissal - UNJUSTIFIED DISADVANTAGE - Applicant claimed suffered disadvantage by missing opportunities to seek other employment while waiting to begin employment with respondent - Authority satisfied applicant chose to accept position that did not start immediately - Authority found no unjustified action by respondent capable of causing disadvantage - Claim dismissed - Salesperson |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 6 |
| PDF File Link: | ca 19_08.pdf [pdf 25 KB] |