| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 312 |
| Hearing date | 13 Apr 2012 |
| Determination date | 07 September 2012 |
| Member | K J Anderson |
| Representation | M Harvey ; M Pearce |
| Location | Rotorua |
| Parties | Garner v Pearce Flooring Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably dismissed by respondent – Employment ended after two days – Whether applicant dismissed – Whether valid trial period – Use of company vehicle – Offer of alternative position – Claimed applicant misled respondent about ability to carry out position – Salesman |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant dismissed. No written employment agreement and no valid trial period or probationary period. Respondent did not inform applicant of dissatisfaction with applicant’s performance, reasons for dissatisfaction or requirements for improvement. Applicant not allowed reasonable time to attain standard required. Dismissal unjustified. REMEDIES: No contributory conduct. $4,000 compensation appropriate. |
| Result | Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s67;ERA s67A;ERA s67B;ERA s103A;ERA s124;ERA s128(2) |
| Cases Cited | Trotter v Telecom Corp of New Zealand Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 13 |
| PDF File Link: | 2012_NZERA_Auckland_312.pdf [pdf 247 KB] |