| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 105 |
| Hearing date | 10 Jun 2014 |
| Determination date | 17 July 2014 |
| Member | H Doyle |
| Representation | S McAuslin ; L Andersen |
| Location | Dunedin |
| Parties | Murcott v Loadwell Trailers Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor Performance - Applicant claimed unjustifiably dismissed by respondent - Refusal to follow instructions - General mistakes - Whether applicant angry - Trial period - Fabricator and welder |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent accepted could not rely on trial period provision as not recorded in writing and agreed to before applicant commenced work. Verbal discussion about applicant accepting position on basis of trial period did not affect application of law relating to dismissal. Verbal trial period agreement unable to be relied on as agreement to fixed term period of employment. No compliance with procedural obligations. Not all matters relied on to justify dismissal, such as anger problems, communicated to applicant in dismissal letter. Informal meetings about applicant's performance not enough for applicant to understand improvement needed, how improvement to be measured and that failure to improve within particular period may result in end of employment. No clear warning to applicant about consequences if applicant failed to obey lawful and reasonable instructions about how work should be carried out and no opportunity for applicant to respond to allegation. Dismissal unjustified. REMEDIES: 20 per cent contributory conduct. Applicant's cutting of go-cart chassis plans into triangles after dismissal act that could have justified dismissal and appropriate to consider subsequently discovered misconduct in determining remedies. Respondent to pay applicant $6,400 reimbursement of lost wages. $2,500 compensation appropriate. |
| Result | Application granted ; Contributory conduct (20%) ; Reimbursement of lost wages ($6,400) ; Compensation for humiliation etc ($2,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s66;ERA s67A;ERA s103A;ERA s103A(3);ERA s124 |
| Cases Cited | Salad Bowl Ltd v Howe-Thornley [2013] ERNZ 326;Salt v Fell, Governor for Pitcairn, Henderson, Ducie and Oeno Islands [2008] ERNZ 155 ; [2008] 3 NZLR 193;Trotter v Telecom Corp of New Zealand Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Christchurch_105.pdf [pdf 123 KB] |