| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 306 |
| Hearing date | 7 Aug 2012 |
| Determination date | 04 September 2012 |
| Member | E Robinson |
| Representation | A Goldstone ; M Brugeyroux |
| Location | Auckland |
| Parties | Parry-Cooke v Wealth Works Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably disadvantaged by dismissal – Applicant claimed unjustifiably dismissed by respondent – Failure to maintain confidentiality of information – Excessive personal e-mail use – Accuracy and timeliness of commission payments – Failure to complete work effectively and accurately – Final written warning – Accounts / administrator |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: No unjustified disadvantage. Issues raised with applicant serious and had been raised on many previous occasions. Applicant informed of allegations fully, provided with opportunity to respond and informed of right to have representation at meetings. Respondent’s director would have been influenced by pre-determined view of fellow director as to appropriate outcome. Dismissal unjustified. REMEDIES: 100 per cent contributory conduct. |
| Result | Application granted (unjustified dismissal) ; Contributory conduct (100%) ; Application dismissed (unjustified disadvantage) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124 |
| Number of Pages | 15 |
| PDF File Link: | 2012_NZERA_Auckland_306.pdf [pdf 208 KB] |