| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 61/08 |
| Hearing date | 23 Apr 2008 |
| Determination date | 09 May 2008 |
| Member | V Campbell |
| Representation | G Ogilvie ; G Ferguson (in person) |
| Location | Wellington |
| Parties | Strickland v Gary Ferguson t/a Man About The House |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Applicant employed through WINZ on job plus scheme - Employment agreement unsigned by applicant - Dismissed as respondent considered work not up to scratch - Respondent submitted applicant covered by probationary period as had been dismissed from original role and rehired in new position - Applicant denied being dismissed and claimed merely assigned different duties - Not paid holiday pay or presented with new employment agreement - Applicant not dismissed and rehired - Respondent could not rely on probationary clause - Not made clear to applicant that job in jeopardy if did not improve - Dismissal carried out in absence of fair process - Dismissal unjustified - Remedies - Applicant aware needed to improve performance - Contributory conduct 10 percent - ARREARS OF WAGES - Applicant sought reimbursement of sum deducted from final wages for property respondent believed had not been returned - No express agreement to deduction - Arrears due and owing - Under-floor installer |
| Result | Application granted ; Reimbursement of lost wages ($1,440 reduced to $1,296) ; Compensation for humiliation etc ($2,500 reduced to $2,250) ; Arrears of wages ($124.80) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;Wages Protection Act 1983 s4 |
| Cases Cited | Air New Zealand v Hudson [2006] 1 ERNZ 415;Toll New Zealand Consolidated Ltd v Rowe, unreported, Shaw J, 19 December 2007,; AC39A/07;X v Auckland District Health Board [2007] 1 ERNZ 66 |
| Number of Pages | 7 |
| PDF File Link: | wa 61_08.pdf [pdf 40 KB] |