| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 70 |
| Hearing date | 1-Mar-16 |
| Determination date | 04 March 2016 |
| Member | Anna Fitzgibbon |
| Representation | NRE Te Kanawa (in person) ; P Zheng |
| Location | Auckland |
| Parties | Te Kanawa v Northern Legal Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably dismissed by respondent –- Solicitor |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: By giving applicant four weeks’ notice, respondent dismissed applicant. Respondent failed to raise performance concerns with applicant before dismissal and dismissed applicant without following any process. Respondent did not act as fair and reasonable employer. Unjustified dismissal. REMEDIES: No contributory conduct. $10,000 compensation appropriate. |
| Result | Application granted ; Compensation for humiliation etc ($10,000) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(1);ERA s103A(2;ERA s103A(3);ERA s124 |
| Cases Cited | Eketone-Te Kanawa v Northern Legal Ltd [2016] NZERA Auckland 61 |
| Number of Pages | 13 |
| PDF File Link: | 2016_NZERA_Auckland_70.pdf [pdf 312 KB] |