| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 336/10 |
| Hearing date | 5 Jul 2010 |
| Determination date | 26 July 2010 |
| Member | Y S Oldfield |
| Representation | M Choudary ; M Kumar |
| Location | Auckland |
| Parties | Malik v Van Interiors Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed dismissed after 3 days of formal employment – Claimed worked for respondent as volunteer several months prior to formal employment – Respondent argued applicant never employed – Argued employment conditional on applicant confirming qualifications and skills, although supported work permit application – Family connection between applicant and respondent’s director (“D”) – Applicant arrived in New Zealand with visitor permit, however, subsequently D sponsored applicant’s work permit application – D argued offer of employment contingent on applicant providing evidence of qualifications and obtaining work permit – Argued applicant unsatisfactory after work trial and failed to produce evidence of qualifications – Applicant’s work permit revoked after D told Immigration New Zealand (“INZ”) had changed mind – Applicant claimed provided all evidence regarding qualifications when made work permit application – Claimed as work permit revoked unable to pursue other job opportunities – Applicant made personal information request from INZ – Authority found executed employment agreement existed as part of work permit application – Found respondent’s assertion that applicant misrepresented skills and qualifications not supported by evidence – Dismissal unjustified – Remedies – Found no contributory conduct – Applicant sought permanent reinstatement – Found respondent’s business small and family issues created bitter relationship between D and applicant – Reinstatement declined – Found as applicant had no work permit unable to mitigate loss – Found applicant entitled to three months reimbursement of lost wages – Found $1,000 compensation appropriate – Safety Officer |
| Result | Application granted ; Reimbursement of lost wages ($7,800.00) ; Compensation for humiliation etc ($1,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s128 |
| Number of Pages | 6 |
| PDF File Link: | aa 336_10.pdf [pdf 25 KB] |