Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 117/09
Hearing date 19 May 2009 - 27 Jul 2009 (2 days)
Determination date 30 July 2009
Member J Crichton
Representation I Thompson ; R Tapper
Location Christchurch
Parties Jolly v Serai Ltd
Summary UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Respondent argued applicant failed to provide IRD number and information about right to work in New Zealand – Applicant claimed provided IRD number and entitled to work in New Zealand – Applicant dismissed based on failure to provide those two pieces of information – Applicant’s argument dismissed because employer had too many employees rejected – Authority found breakdown in communication between parties – Found respondent not culpable for subsequent dismissal – Found respondent acted in good faith in dismissing applicant in circumstances where questions about entitlement to work in New Zealand and provision of IRD number – No unjustified dismissal – No unjustified disadvantage - Waitress
Result Application dismissed ; Costs to lie where they fall
Main Category Personal Grievance
Number of Pages 4
PDF File Link: ca 117_09.pdf [pdf 14 KB]