Claimant v Bauer Radio Limited
Outcome
Individual claims
Claim struck out because the claimant had less than two years' service required for an ordinary unfair dismissal claim under section 95(1)(c) ERA 1996. The tribunal has no discretion to hear this complaint without the qualifying service period.
Claimant indicated in reconsideration application that she intended to claim dismissal on health and safety grounds under section 100(1)(e) ERA 1996, but this was not apparent from original particulars and likely requires amendment to proceed.
Claimant suggested dismissal may have been discriminatory, which tribunal noted should form part of her discrimination claim, but no further detail or determination in this reconsideration judgment.
Facts
Claimant brought an ordinary unfair dismissal claim under ERA 1996 s.95(1)(c) despite having less than two years' service. The claim was struck out in a judgment sent on 24 February 2025. She applied for reconsideration on 28 February 2025, indicating she intended to claim automatic unfair dismissal on health and safety grounds under s.100(1)(e) and potentially discrimination.
Decision
The reconsideration application was refused. The tribunal confirmed the ordinary unfair dismissal claim was properly struck out due to lack of qualifying service. While the claimant may have grounds for automatic unfair dismissal or discrimination claims, these did not alter the fact that her pleaded ordinary unfair dismissal claim could not proceed.
Practical note
Claimants must have two years' qualifying service for ordinary unfair dismissal claims and must clearly plead alternative statutory routes (such as automatic unfair dismissal) from the outset.
Legal authorities cited
Statutes
Case details
- Case number
- 6000128/2025
- Decision date
- 12 February 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- media
- Represented
- No
Claimant representation
- Represented
- No