| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 345/02 |
| Hearing date | 22 Aug 2002 - 2 Sep 2002 (2 days) |
| Determination date | 27 November 2002 |
| Member | Y S Oldfield |
| Representation | T Peoples (in person) ; P Yuill (in person) |
| Location | Auckland |
| Parties | Peoples v Yuill t/a Fencible Manor Retirement Home |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Whether substantively justified and procedurally fair - Numerous warnings given regarding incidents of failure to follow company policy - Several disciplinary meetings - Alleged lack of support to improve performance - Dismissed for reasons not previously raised - Failed to specify allegations after repeated requests to do so - Resiled from undertaking to allow time for improvement - Dismissal procedurally unfair and substantively unjustified - Remedies - Contributory conduct - Confrontational and argumentative stance by applicant - Failed to take allegations seriously - Remedies reduced by 30 percent - Failed to mitigate losses - Inappropriate to award lost wages - Caregiver |
| Result | Application granted ; Compensation for humiliation etc ($5,000 reduced to $3,500) ; Costs in favour of applicant ($70) |
| Number of Pages | 7 |
| PDF File Link: | aa 345_02.pdf [pdf 33 KB] |