| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 86 |
| Hearing date | 11 Mar 2014 |
| Determination date | 11 March 2014 |
| Member | R Larmer |
| Representation | M Harrson ; L Li |
| Location | Auckland |
| Parties | George v SPK Industries Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor Performance - Applicant claimed unjustifiably dismissed by respondent - Whether applicant signed contracts on behalf of respondent without prior authorisation - COSTS - Applicant sought contribution towards costs - General manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant never subjected to performance management or monitoring process. Applicant not given advance notice could be dismissed at meeting or advised of right to bring support person to meeting. Respondent did not go through reasons believed applicant unsuitable for role and did not provide specific details about alleged performance concerns. Fair and reasonable employer could not have dismissed applicant even if performance concerns proven. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $26,250 reimbursement of lost wages. $10,000 compensation appropriate.;COSTS: Less than one day investigation meeting. Appropriate to apply pro-rated notional daily tariff. Respondent to pay applicant $500 contribution towards costs. |
| Result | Application granted ; Reimbursement of lost wages ($26,250) ; Compensation for humiliation etc ($10,000) ; Costs in favour of applicant ($500) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A;ERA s103A(2);ERA s103A(3);ERA s128(2) |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Auckland_86.pdf [pdf 207 KB] |