| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 313 |
| Hearing date | 5-Oct-15 |
| Determination date | 07 October 2015 |
| Member | Vicki Campbell |
| Representation | W Reid ; J Danby |
| Location | Auckland |
| Parties | Dempsey v Tauranga Horological Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Poor performance – Applicant claimed unjustifiably dismissed by respondent - COSTS – Applicant sought contribution to costs |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent failed to address performance concerns with applicant and come up with steps for improvement before dismissal, give applicant reasonable opportunity to respond and have explanation considered or provide applicant with all relevant information. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $7,500 compensation appropriate.;COSTS: Half day investigation meeting. Respondent to pay applicant $1,750 contribution towards costs. |
| Result | Applications granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($7,500) ; Costs in favour of applicant ($1,750) |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A(3);ERA s124;ERA s174E |
| Number of Pages | 6 |
| PDF File Link: | 2015_NZERA_Auckland_313.pdf [pdf 102 KB] |