| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 168/02 |
| Hearing date | 30 May 2002 |
| Determination date | 05 June 2002 |
| Member | K J Anderson |
| Representation | M Metcalfe ; L Parrant |
| Location | Auckland |
| Parties | Wilmhurst v Boulevard Manor Ltd aka Manor Inn Newmarket |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Trial period - Dismissed after two incidents of alleged dishonesty - No written record that trial period in place - No intent to ignore obligation to provide written record - Failure to adhere to procedural requirements relating to unjustified dismissals - No warning that failure to meet expectations might have resulted in dismissal - Failure to be specific about improvements required - Remedies - Unlikely to have been appointed to permanent position - Entitled to be treated fairly - Failing to meet acceptable requirements for position contributed to termination - No contribution towards procedural defects - Receptionist |
| Result | Application granted ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Statutes | ERA s65;ERA s67;ERA s67(a);ERA s67(b) |
| Cases Cited | Nelson Air Ltd v New Zealand Airline Pilots Association [1994] 2 ERNZ 665;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 6 |
| PDF File Link: | aa 168_02.pdf [pdf 24 KB] |