| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 150/02 |
| Hearing date | 21 May 2002 |
| Determination date | 23 May 2002 |
| Member | WRC Gardiner |
| Representation | A Schaaf ; D Chandran |
| Location | Auckland |
| Parties | Samate v Autoparts Kingdom (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether employed for trial period - Employment terminated at end of trial period - No previous warnings - Failure by respondent to fulfil statutory obligations - Written contract not provided - Lack of contract meant no specified termination date - No evidence of trial period - Dismissal procedurally unfair and substantively unjustified - Remedies - Duty to mitigate loss - Only applied for 3 positions since dismissal - 2 not in specialised profession - No reimbursement of wages awarded |
| Result | Application granted ; Compensation for humiliation etc ($1,000) ; Costs reserved |
| Statutes | ERA s65(1);ERA s66(1);ERA s66(2);ERA s66(3);ERA s67;ERA s132 |
| Cases Cited | Nelson Air Ltd v New Zealand Airline Pilots Association [1994] 2 ERNZ 665 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |