| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 72/09 |
| Hearing date | 26 Feb 2009 |
| Determination date | 06 March 2009 |
| Member | A Dumbleton |
| Representation | M McFadden ; No Appearance |
| Location | Auckland |
| Parties | Van der Bel v Kids Art Space Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - No appearance for respondent - Respondent’s written submissions considered - Three weeks’ employment - Respondent raised performance issues with applicant - Following day applicant received warning for delay in sending courier package - Applicant given no opportunity to be heard before warning issued - Next day applicant summarily dismissed - Respondent claimed applicant misrepresented qualifications and experience - Authority found no deceit on part of applicant in obtaining position - Authority found respondent did not comply with trial period clause in employment agreement - Trial period curtailed prematurely before applicant offered assistance and given reasonable time to improve - Dismissal unjustified - Remedies - Applicant unable to work for several weeks after dismissal - Authority found illness caused by dismissal and applicant lost wages as result - Applicant sought six months’ lost wages - Authority took into account that if proper process followed employment could have been justifiably terminated at end of probation period - Three months lost wages awarded - Dismissal had serious affect on applicant’s health - Applicant unable to work or function normally - Award of $7,000 compensation appropriate - Personal Assistant |
| Result | Application granted ; Reimbursement of lost wages ($9,928) ; Compensation for humiliation etc ($7,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s128(2) |
| Number of Pages | 5 |
| PDF File Link: | aa 72_09.pdf [pdf 22 KB] |