| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 330 |
| Hearing date | 14 Jun 2011 |
| Determination date | 26 July 2011 |
| Member | V Campbell |
| Representation | S Scott ; R Drake |
| Location | Auckland |
| Parties | Simmons v Collins Stainless Steel Fabricators Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant employed subject to 90 day trial period under s67A Employment Relations Act 2000 (“Act”) – Respondent claimed applicant given copy of employment agreement (“EA”) prior to commencing work but did not sign until later date – Respondent claimed dismissed applicant for not adhering to health and safety policies – Respondent claimed applicant not suitable to be employed within business as created unacceptable health and safety risk – Authority found trial period clause in EA clearly arrangement for trial period pursuant to Act – Authority preferred respondent’s evidence that applicant received documents relating to employment before commencing employment – Authority satisfied applicant fully aware entering employment relationship on understanding employment subject to 90 day trial period – Respondent asked applicant to bring signed EA back to work in first two weeks of employment but applicant lost EA – Found not intention of Parliament to enable employees to take advantage of situation where evaded signing EA – Found situation would allow employees to dodge EA through minor technicality – Found parties intended at all times leading up to and on commencement of applicant’s employment to be bound by terms set out in EA including trial period – Found responsibility of employee not to lead employer into thinking terms and conditions offered in EA accepted if not the case – Found applicant precluded from pursuing personal grievance – Mechanic |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s67A;ERA s67B |
| Cases Cited | Smith v Stokes Valley Pharmacy (2009) Limited [2010] ERNZ 253 |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Auckland_330.pdf [pdf 25 KB] |