| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 284/02 |
| Hearing date | 1 Aug 2002 |
| Determination date | 19 September 2002 |
| Member | Y S Oldfield |
| Representation | NO Bamberger (In person) ; C Andrews |
| Location | Auckland |
| Parties | Bamberger v Food With A Purpose Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Serious misconduct - Alleged failure to attain required minimum standard - Alleged threatened manager - Reason for dismissal was poor performance - Could not rely on alleged misconduct to later justify dismissal - Misconduct did not occur - Handed dismissal letter without warning - Required standard too inflexible - Dismissal procedurally unfair and substantively unjustified - Remedies - Lesser compensation awarded as applicant admitted unsatisfied with job |
| Result | Application granted ; Reimbursement of lost wages (3 months) ; Compensation for humiliation etc ($1,500) ; Costs in favour of applicant ($70)(Filing fee) |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |