| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 23/03 |
| Hearing date | 20 Feb 2003 |
| Determination date | 04 March 2003 |
| Member | P Cheyne |
| Representation | TH Allen (In person) ; J Goldstein |
| Location | Christchurch |
| Parties | Allen v Euromarque Holdings Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Trial period - Late on several occasions - Failed to lock up sales yard cars - Several informal warnings - Final warning - Dismissed for incidents that occurred before warning issued - Entitled to set standards such as punctuality - Opportunity to respond - Entitled under house rules to issue final warning without earlier warnings - Warnings were to be remedial under house rules - Remedial function important during trial period - Warning was not remedial - No opportunity to improve - Element of pre-determination - Procedural unfairness - Dismissal unjustified - Remedies - Contributory conduct - Award for reimbursement of lost wages reduced to nil |
| Result | Application granted ; Compensation for humiliation etc ($1,500) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v El Rancho Toro Ltd [1984] ACJ 437;Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |