| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 56 |
| Hearing date | 20 Dec 2011 |
| Determination date | 16 February 2012 |
| Member | R A Monaghan |
| Representation | G Singh ; A Prasad |
| Location | Auckland |
| Parties | Kaur v R & R Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant employed on fixed term not renewed due to applicant’s poor performance and offensive language – Applicant claimed respondent said would be no more work as students were doing better job than applicant and paid students lower wages – Respondent claimed advised applicant would not be renewing fixed term unless applicant improved performance and offered to find applicant more suitable work at respondent – Respondent claimed could not find suitable work and applicant failed to improve within agreed timeframe – Authority found respondent had raised performance concerns and attempted to find applicant more suitable work – Found unlikely that applicant dismissed so employer could retain students to perform same work at lower rate – Respondent did not provide written employment agreement – Found due to limited evidence applicant’s employment should be considered permanent and appropriate to consider whether applicant’s dismissal justified on poor performance and offensive language grounds – Found due to absence of evidence of applicant’s conduct or information about how respondent addressed matters, dismissal unjustified – REMEDIES – No contributory conduct - Found no evidence applicant’s calculation of lost remuneration incorrect - $9,401 reimbursement of lost wages – Found no evidence of injury to feelings and compensation not appropriate - Packer and Assembler |
| Result | Application granted ; Reimbursement of lost wages ($9,401) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Auckland_56.pdf [pdf 16 KB] |