| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 97/02 |
| Hearing date | 9 Sep 2002 |
| Determination date | 02 October 2002 |
| Member | G J Wood |
| Representation | B Corkill ; C Patterson |
| Location | Wellington |
| Parties | Subritzky v Western Mailing Ltd & Ors |
| Other Parties | Western Mailing (Wellington) Ltd, Armstrong |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Parties disagreed over performance review - Numerous correspondence suggesting applicant should resign - Respondent felt employment relationship at end - Meeting requested by respondent - Without prejudice negotiations - Dismissed at end of unsuccessful negotiations - Escorted from premises - No warnings given - No fair procedure - Dismissal unjustified - UNJUSTIFIED DISADVANTAGE - Suspension - Suspended without warning - No disciplinary meeting before suspension - Suspension unjustified - Remedies - Suspension and dismissal had significant impact on applicant's emotional and physical well-being - General manager |
| Result | Application granted ; Reimbursement of lost wages ($10,769.23) ; Reimbursement of lost benefits ($2,307.69)(Car) ; Compensation for humiliation etc ($27,000) ; Costs reserved |
| Cases Cited | Association of Staff in Tertiary Education v Northland Polytechnic Council [1992] 2 ERNZ 943;Birss v Secretary for Justice [1984] 1 NZLR 513;Coca-Cola Amatil (NZ) Ltd v Kaczorowski [1998] 1 ERNZ 264;NCR (New Zealand) Ltd v Jones [1998] 3 ERNZ 222;NID Distribution Workers etc IUOW v Foodtown Supermarkets Ltd [1988] NZILR 588;Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 14 |
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