| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 104 |
| Hearing date | 28 Feb 2011 |
| Determination date | 16 March 2011 |
| Member | Y S Oldfield |
| Representation | K Mitchell ; M Li |
| Location | Auckland |
| Parties | Mitchell v Calla Bridal Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant’s employment subject to 90 day trial period – Applicant claimed respondent did not discuss any performance concerns with applicant and did not know job at risk – Authority found trial period provision in applicant’s employment agreement did not satisfy requirements under s67A(2) Employment Relations Act 2000 – Found clause therefore not trial provision but probationary arrangement – Respondent claimed applicant did not deal appropriately with customers and respondent unhappy with applicant’s working methods – Parties had discussion about customer complaints but applicant not told job at risk – Applicant dismissed – Found respondent told applicant about shortcomings in work – Found no evidence to suggest applicant told failure to meet expectations would place employment in jeopardy – Found probationary period did not run its course – Found no notice given of termination – Dismissal unjustified – REMEDIES – Contributory conduct substantial – Found applicant not prepared to change method of working – Found applicant unwilling to accept responsibility for customer relations – Found applicant did not mitigate losses - $4,000 compensation appropriate – ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed did not receive correct wages and holiday pay for time employed – Found unpaid wages and holiday pay due and owing – Sales Consultant |
| Result | Application granted ; Compensation for humiliation etc (Reduced to $4,000) ; Arrears of wages ($112.50) ; Arrears of holiday pay ($79.20) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s67;ERA s67A;ERA s67A(2)(b);ERA s67A(2)(c);ERA s103A;ERA s124 |
| Cases Cited | Nelson Air v New Zealand Airline Pilots Association [1994] 2 ERNZ 665;New Zealand Meat Workers & Related Trades Union Inc v AFFCO New Zealand Limited [2010] NZEMPC 62 |
| Number of Pages | 9 |
| PDF File Link: | 2011_NZERA_Auckland_104.pdf [pdf 26 KB] |