| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 22 |
| Hearing date | 2 Feb 2011 |
| Determination date | 03 February 2011 |
| Member | J Crichton |
| Representation | G Burness ; M Wyatt |
| Location | Christchurch |
| Parties | Kingi v New Zealand Heat Pump Cleaning Ltd |
| Summary | UNJUSTIFIED DISMISSAL – PRACTICE AND PROCEDURE – Identity of employer – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant employed subject to trial period – Authority found factual matrix strictly complied with terms of trial period legislation – Applicant claimed previously employed by another entity with same governing director as respondent and therefore not new employee within terms of trial period legislation – Found companies separate legal entities – Found applicant new employee of respondent and subject to trial period – Found applicant had no right to bring claim of unjustified dismissal because employment in terms of trial period legislation – Telephone Marketer |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Statutes | ERA s67B(2) |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Christchurch_22.pdf [pdf 16 KB] |