| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 221 |
| Hearing date | 17 Apr 2014;30 May 2014 |
| Determination date | 06 June 2014 |
| Member | E Robinson |
| Representation | D Vinnicombe ; K Thomason |
| Location | Auckland |
| Parties | O'Donoghue v Addcom Contact Solutions LP (formerly known as ABTC Group LP) |
| Summary | UNJUSTIFIED DISMISSAL - Poor Performance - Applicant claimed unjustifiably dismissed by respondent - Failure to meet sales targets - Sales and product specialist |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: E-mail referring to sales targets for next three months and fact review of applicant's performance had been mentioned in this context meant applicant could reasonably regard respondent as meaning any review would occur at end of three month period. Fair and reasonable employer would have made very clear to applicant that outcome of not meeting expected performance targets would be termination of employment and that continuation of employment now relied on achieving sales target in one month rather than over three month period. Three month period may have represented fair and reasonable opportunity for applicant to improve performance but arbitrary reduction to one month not fair and reasonable. Decision to dismiss applicant made by respondent's chief executive officer based in Australia without applicant having opportunity to address concerns or having explanations given genuine consideration. Process fell short of respondent's good faith and contractual obligations and procedural fairness expectations. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $4,615 reimbursement of lost wages. $3,500 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($4,615.38) ; Compensation for humiliation etc ($3,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s103A(5);ERA s124;ERA Second Schedule cl12 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Auckland_221.pdf [pdf 190 KB] |