| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 137/10 |
| Hearing date | 28 Sep 2010 |
| Determination date | 24 March 2010 |
| Member | A Dumbleton |
| Representation | T Oldfield ; B Prasad |
| Location | Auckland |
| Parties | Li v Deans International Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed without warning – Respondent argued dismissal justified as applicant on probationary period and performance unsatisfactory – Applicant employed on probationary period – Performance review provided applicant reliable however lacked problem solving skills – Applicant’s employment extended for further nine months – Applicant led to believe by respondent employment would continue to new year - Applicant not advised employment terminated until several weeks after – Personal grievance raised – Authority found failure to advise applicant of dismissal substantively and procedurally unjustified – Found if respondent dissatisfied with applicant’s performance, matters never addressed – Found respondent failed to make clear to applicant about performance expectations – Found respondent “loose” about applicant’s role and duties – Found dismissal unjustified – REMEDIES – No contributory conduct – Reimbursement of seven weeks lost wages award - $2,750 compensation for humiliation appropriate – ARREARS OF WAGES – Applicant sought arrears of wages and overtime – Applicant claimed arrears due and owing for first week of employment - Respondent argued applicant on probationary period and agreed to work without pay – Employment agreement (“EA”) provided applicant to be paid wages for probationary period and overtime – Authority found applicant did not agree to work without pay, therefore EA not varied – Applicant claimed overtime due and owing – Found no authorisation for applicant to work overtime – Authority found all other claims unfounded – Interest payable – Receptionist/Office Administrator |
| Result | Applications granted ; Arrears of wages ($480) ; Reimbursement of lost wages ($3,360) ; Compensation for humiliation etc ($2,750) ; Interest (4.5%) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A |
| Number of Pages | 5 |
| PDF File Link: | aa 137_10.pdf [pdf 22 KB] |