| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 204 |
| Determination date | 15 June 2012 |
| Member | R Arthur |
| Representation | D Vincent ; R Drake |
| Parties | Dewar v Programmed Maintenance Services (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Applicant claimed unjustifiably dismissed by respondent - Authority found inadequate performance management over targets by respondent - Found concerns over inadequate safety measures not fairly and properly investigated - Found applicant not fairly heard by all decision makers - Dismissal unjustified - REMEDIES - No contributory conduct. Respondent to pay applicant reimbursement of lost wages, parties to determine quantum - $5,000 compensation appropriate - Compensation for loss of Kiwisaver and health insurance benefits, parties to determine quantum - $4,000 compensation for loss of company car and petrol card benefits appropriate |
| Abstract | Applicant employed by respondent as supervisor. Applicant claimed unjustifiably dismissed by respondent. Applicant put on performance management programme when issued written warning for failure to meet targets. Applicant dismissed two weeks later following fortnightly review meeting for failure to meet targets. Other concerns over inadequate safety measures not fairly and properly investigated;AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent did not allow enough time or support for applicant to have reasonable opportunity to meet performance requirements. Other concerns over inadequate safety measures not fairly and properly investigated. Applicant not fairly heard by all decision makers as two of the three managers who decided applicant had not performed satisfactorily had not heard directly from applicant about those matters and none of the managers had considered alternatives to dismissal. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant reimbursement of lost wages, parties to determine quantum. $5,000 compensation for loss of Kiwisaver and health insurance benefits, parties to determine quantum. $4,000 compensation for loss of company car and petrol card benefits appropriate. |
| Result | Application granted; Reimbursement of lost wages (parties to determine quantum); Compensation for humiliation etc ($5,000); Compensation for loss of benefit (Kiwisaver and health insurance)(parties to determine quantum)(Company car and petrol card)($4,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s174 |
| Cases Cited | Irvine Freightlines Ltd v Cross [1993] 1 ERNZ 424;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Quinn v BNZ [1991] 1 ERNZ 1060;Trotter v Telecom NZ [1993] 2 ERNZ 659 |
| Number of Pages | 12 |
| PDF File Link: | 2012_NZERA_Auckland_204.pdf [pdf 149 KB] |