| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 292/09 |
| Hearing date | 30 Jun 2009 |
| Determination date | 20 August 2009 |
| Member | M Urlich |
| Representation | G Pointon ; no appearance |
| Location | Auckland |
| Parties | Kettle v New Bar 2008 Ltd |
| Summary | UNJUSTIFIED DISMISSAL - No appearance for respondent - Second applicant unable to attend investigation meeting as overseas, investigation suspended until Authority ascertained her intentions - Applicant claimed offered and accepted employment with respondent which did not commence before was dismissed - Applicant claimed attended interview with respondent, offered employment, and signed and returned written employment agreement (“EA”) - Applicant claimed training dates arranged and provided bank details and clothing size at respondent’s request - Applicant claimed then advised employment commencement date deferred because restaurant opening date moved - Applicant claimed then advised respondent had hired too many staff but would be paid - Applicant then contacted by general manager and told business could not afford to pay her, would not be hired and no EA entered into by parties - Authority found applicant offered employment by authorised representative of respondent - Found applicant accepted employment and parties clear on terms - Found applicant was employee - Found applicant promised wages when work could not be made available and then told wages would not be paid - Found applicant told not employed and no EA entered into - Found respondent’s conduct fell below standards expected from employer acting fairly and reasonably - Applicant unjustifiably dismissed - Remedies - Applicant sought 12 weeks lost wages - Authority found probationary period in EA did not make employment fixed term - Four weeks lost wages awarded - Applicant claimed resigned secure employment to take up position with respondent and had been let down - Applicant claimed spoken to rudely by general manager - Claimed upset situation occurred and that respondent broke promise - Authority accepted applicant detrimentally affected by unjustified dismissal - Award of $1,000 compensation appropriate - Bar person/waitress |
| Result | Application granted ; Reimbursement of lost wages ($2,240) ; Compensation for humiliation etc ($1,000) ; Disbursements in favour of applicant ($35)(Filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s6(1)(b)(ii);ERA s66;ERA s103A |
| Number of Pages | 4 |
| PDF File Link: | aa 292_09.pdf [pdf 18 KB] |