| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 75 |
| Hearing date | 27-28 Mar 2014 |
| Determination date | 14 May 2014 |
| Member | H Doyle |
| Representation | J Copeland, R Laney ; F McMillan |
| Location | Invercargill |
| Parties | McGrannachan v Farmlands Co-Operative Society |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Applicant claimed unjustifiably dismissed by respondent - Change of restructure resulted in change of applicant's role - applicant required to make cold calls to farms - Applicant suffered high level of fear around cold calling - Lack of confidence - Failure to reach sales targets - Less than acceptable level of customer contact - Vehicle tracking records showed multiple daily visits to non-work related locations - Technical field officer |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: No clear formal warning to applicant of performance management process or notice employment at risk if improvement not made. Process adopted by respondent not in accordance with process set out in parties' employment agreement. Relevant information not provided to applicant and no opportunity to respond to allegations. No or limited consideration of applicant's positive work history in other roles. Reliance placed on earlier warning not discussed with applicant. Alternatives to dismissal or redeployment not considered. Dismissal not fair or reasonable. Dismissal unjustified. REMEDIES: No confidence applicant would not continue to struggle in cold calling aspect of role. Reinstatement not practicable and reasonable. 20 per cent contributory conduct. Appropriate to increase reimbursement of lost wages to six month period minus one month paid in lieu of notice. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $8,000 compensation appropriate. |
| Result | Application granted; Contributory conduct (20%); Reimbursement of lost wages (quantum to be determined); Compensation for humiliation etc ($8,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1)(A);ERA s103A;ERA s103A(a);ERA s103A(b);ERA s103A(c);ERA s103A(d);ERA s103A(5);ERA s124;ERA s128(3);ERA Second Schedule, cl 10(1) |
| Cases Cited | Li v Vice Chancellor of Auckland University of Technology [2006] 3 NZELR 66;Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 23 |
| PDF File Link: | 2014_NZERA_Christchurch_75.pdf [pdf 246 KB] |