| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 371/08 |
| Hearing date | 10 Jun 2008 |
| Determination date | 30 October 2008 |
| Member | R Arthur |
| Representation | M Nutsford ; S Kelly |
| Location | Auckland |
| Parties | Nelio v New Zealand Institute of Fashion Technology Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Respondent cancelled applicant’s employment agreement claiming applicant misrepresented qualifications - Applicant denied misleading respondent and claimed unjustifiably dismissed - Applicant had number of Romanian qualifications including “Diploma of Tailor” from Romanian university - Shortly after applicant started, respondent began to have concerns about applicant’s level of experience and ability - Respondent’s Managing Director questioned applicant about content of “Diploma of Tailor” - Respondent then sent applicant letter requesting meeting to discuss whether qualification had been misrepresented and possible cancellation of employment - Meeting was first time respondent had seen “Diploma of Tailor” - No evidence respondent put to applicant skills and level of qualifications required before employed her - Found respondent could not rely on clause in employment agreement to require applicant to have explained qualification more thoroughly - Respondent should have more thoroughly considered alternatives to termination - Found applicant did not misrepresent qualifications - Rather respondent made assumptions and failed to ask relevant questions during interview process - Respondent did not act as a fair and reasonable employer – Dismissal unjustified - Remedies - Applicant failed to sufficiently mitigate loss - Award of two months lost wages appropriate - Dismissal damaged applicant’s confidence and caused embarrassment and emotional distress - Award of $5,000 compensation appropriate - COSTS - Both parties indicated any costs should be awarded using tariff based approach - On that basis respondent to pay applicant $2,000 as reasonable contribution to costs - Fashion Design Tutor |
| Result | Application granted ; Reimbursement of lost wages (Two months) ; Compensation for humiliation etc ($5,000) ; Costs in favour of the applicant ($2,000) ; Disbursements in favour of the applicant ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s124;ERA s128;ERA s128(2) |
| Number of Pages | 8 |
| PDF File Link: | aa 371_08.pdf [pdf 30 KB] |