| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 320 |
| Hearing date | 5 Jul 2013 |
| Determination date | 26 July 2013 |
| Member | J Crichton |
| Representation | J Cairns ; No appearance |
| Location | Auckland |
| Parties | Paewhenua v I Engineering Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Poor performance - Applicant claimed unjustifiably dismissed by respondent – Respondent dismissed applicant over phone for “non-performance” – Alleged customer complaints and theft of product from work site – COSTS – Applicant sought contribution towards costs - No appearance for respondent |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant gave consistent and believable testimony. Applicant dismissed over telephone. Few circumstances where telephone dismissal justified. Alleged complaints and theft never put to applicant. No opportunity to offer explanation or defence. Dismissal unjustified. REMEDIES: No contributory conduct. $3,000 compensation appropriate. Respondent to pay applicant $5,000 reimbursement of lost wages.;COSTS: Length of investigation meeting not specified. Respondent to pay applicant $460 contribution towards costs. |
| Result | Applications granted ; Compensation for humiliation etc ($3,000) ; Reimbursement of lost wages ($5,000) ; Costs in favour of applicant ($460) |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Number of Pages | 5 |
| PDF File Link: | 2013_NZERA_Auckland_320.pdf [pdf 139 KB] |