| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 318/02 |
| Hearing date | 21 Oct 2002 |
| Determination date | 30 October 2002 |
| Member | WRC Gardiner |
| Representation | J Watson ; V Campbell |
| Location | Auckland |
| Parties | Fehlmann v Waikato Institute of Technology |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Two previous warnings - Students raised concern" with appropriate member of staff - Failure by staff member to properly apply student complaints procedure - Concern directed to Head of Department before opportunity for initial resolution - Meeting held with students to offer support and request any written complaints - Applicant's needs and rights disregarded at meeting - One written complaint submitted - One out of three decision-makers discussed complaint with student over phone - No discussion with students who had not submitted complaints - Meeting with applicant - Applicant's teaching ability observed after decision to dismiss - Dismissal not open to fair and reasonable employer - No contributory conduct - Lecturer" |
| Result | Application granted ; Reimbursement of lost wages ($12,495) ; Compensation for humiliation etc ($15,000) ; Costs reserved |
| Statutes | ERA s103(1)(b);ERA s124 |
| Cases Cited | Drummond v Coca Cola Bottlers NZ [1995] 2 ERNZ 229;Northern Distribution Union v Armourguard Security Ltd [1989] 3 NZILR 262;Phipps v New Zealand Fishing Industry Board [1996] 1 ERNZ 195;Tupu v Romano's Pizzas (Wellington) Ltd [1995] 2 ERNZ 266;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448; [2001] 3 NZLR 29 |
| Number of Pages | 17 |
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