| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 119/02 |
| Hearing date | 11 Apr 2002 - 16 Apr 2002 (2 days) |
| Determination date | 29 April 2002 |
| Member | J Wilson |
| Representation | J Steadman ; H Whittaker |
| Location | Auckland |
| Parties | Jamieson v De'Amalfi Survival Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Whether fixed term contract - Conflict of evidence determined on balance of probabilities - Weight of evidence favoured respondent - Offered one month trial plus 6 month fixed term contract as work experience - Terms of offer explained to applicant - Genuine reasons based on reasonable grounds - No unfair bargaining - Sent home day before contract expired - Honest belief that applicant under influence of drugs - Formal investigation process would have been pointless - Dismissal justified - ARREARS OF WAGES AND HOLIDAY PAY - Respondent agreed payments owing - Amounts to be calculated and paid by respondent - Leave reserved to refer matter back if dispute as to amount owing |
| Result | Application granted in part ; Arrears of wages and holiday pay (Quantum to be determined by parties) ; Costs reserved |
| Statutes | ERA s64;ERA s65;ERA s66;ERA s66(2)(a);ERA s66(2)(b) |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |