| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 87 |
| Hearing date | 27 Feb 2014 |
| Determination date | 12 March 2014 |
| Member | A Fitzgibbon |
| Representation | W Reid ; K Single |
| Location | Tauranga |
| Parties | Mazzola v Tile Trends Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor Performance - Applicant claimed unjustifiably dismissed by respondent - Previous discussion about applicant's conduct at work function - Complaints about applicant's performance - Respondent assisted in writing letters of complaint against applicant - Manner and attitude - Whether applicant gave disproportionate amount of work to applicant's boyfriend - Whether applicant delayed and obstructed investigation into complaints - Applicant left meeting after respondent's refusal to provide information about complaints - Salesperson |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant spoken to about work in general and discussions not directed at any aspect of applicant's performance. Respondent did not go through warning process as required by applicant's employment agreement. Concerns referred to in letter not conduct or behaviour that could fundamentally undermine employment relationship and warrant dismissal. Fair and reasonable employer could not have concluded lost trust and confidence in applicant. Applicant not provided with full details of complaints or management reports detailing respondent's concerns. Applicant entitled to provision of information taken into account by respondent when investigating applicant's conduct and performance. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $7,280 reimbursement of lost wages. $10,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($7,280) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s4(1A);ERA s4(1B);ERA s103A;ERA s103A(3);ERA s124;ERA s128(2);ERA s128(3) |
| Cases Cited | BP Oil NZ Ltd v The Northern Industrial District Distribution Workers etc IUOW (1989) ERNZ Sel Cas 512 ; [1989] 3 NZLR 580 |
| Number of Pages | 13 |
| PDF File Link: | 2014_NZERA_Auckland_87.pdf [pdf 258 KB] |