| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 8/10 |
| Hearing date | 21 Dec 2009 |
| Determination date | 20 January 2010 |
| Member | P Montgomery |
| Representation | T Twomey ; no appearance |
| Location | Christchurch |
| Parties | Schneider v BBX Distribution PTY Ltd as agent for BBX Management Ltd (now Barter Management (NZ) Ltd) |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – No appearance for respondent – Applicant claimed unjustifiably disadvantaged and dismissed – Applicant’s employment subject to 90 day trial period in employment agreement (“EA”) – Respondent argued EA allowed termination of applicant’s employment on one day’s notice – Applicant claimed enjoyed job in first weeks but conscious being ignored – Respondent gave applicant performance review sheet to complete – Same day applicant called to boardroom and dismissed – No reason given for dismissal – Authority found EA entered into before 1 March 2009 therefore EA 90 day trial period outside application of s67A and s67B Employment Relations Act 2000 – Found EA 90 day trial period did not exempt employer from duty of providing employee opportunity to be heard when dismissal contemplated – Found respondent predetermined dismissal decision before dismissal conveyed to applicant – Found respondent could not rely on applicant’s statement that looking for other employment in circumstances – Found respondent’s representation that being wound up intended to mislead applicant – Found total lack of good faith or fair process – Found applicant’s employer still in existence although under different name – Found respondent could still be held responsible for shameful treatment of applicant – Dismissal unjustified – Found respondent failed to provide adequate training – Disadvantage established – Remedies – No contributory conduct – Found evidence of impact on applicant compelling – Applicant entitled to reimbursement of lost wages – $9,000 compensation appropriate – Assistant/Trade Co-ordinator |
| Result | Applications granted (Dismissal & Disadvantage) ; Reimbursement of lost wages ($7,200) ; Compensation for humiliation etc ($9,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s67A;ERA s67B;ERA s160(2);Employment Relations Amendment Act (no 106) 2008 |
| Cases Cited | Red Eagle Corporation Ltd v Walker unreported, Colgan J, 11 September 1995, AEC 86A/95;New Zealand Seamens' Union & Federated Cooks & Stewards IUOW v Gear Bulk Shipping (NZ) Ltd [1990] 1 NZILR 688;Square 1 Service Group v Butler [1994] 1 ERNZ 667 |
| Number of Pages | 8 |
| PDF File Link: | ca 8_10.pdf [pdf 28 KB] |