| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 135 |
| Hearing date | 24 Oct 2013 |
| Determination date | 25 October 2013 |
| Member | P R Stapp |
| Representation | S Fouhy ; P Van Hiep |
| Location | Wellington |
| Parties | Rabe v Diva Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Applicant claimed unjustifiably dismissed by respondent - Applicant claimed atmosphere of bullying, intimidation and stress - Applicant claimed no training when requested - Warning - Probation period - Letter of dismissal alleged applicant failed to improve performance, work ethic and attitude - Letter alleged applicant not team player - Prep chef and cook |
| Abstract | AUTHORITY FOUND _;UNJUSTIFIED DISMISSAL: Respondent failed to provide time and wages records. Alleged atmosphere not put to respondent. No investigation into performance or reasons advanced in letter of dismissal. Probation clause not valid trial clause. No discussion or meetings as to possibility of dismissal. No genuine consideration of any explanation. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $7,515 reimbursement of lost wages. $2,000 compensation appropriate. |
| Result | Application granted; Reimbursement of lost wages ($7,515); Compensation for humiliation etc ($2,000); No order for costs; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA - ERA s67A(2)(c) - ERA s103A(3)(a) - ERA s103A(d) - ERA s124 - ERA s159 - ERA s159A |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Wellington_135.pdf [pdf 210 KB] |