| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 358 |
| Hearing date | 5-Jul-16 |
| Determination date | 27 October 2016 |
| Member | N Craig |
| Representation | B Shelley (in person) ; P Swarbrick |
| Location | Auckland |
| Parties | Shelley v Waitakere United Inc |
| Summary | UNJUSTIFIED DISMISSAL – Poor Performance - Applicant claimed unjustifiably dismissed by respondent – Football coach |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Respondent not entitled to dismiss applicant without going through any type of warning or performance improvement process. Respondent failed to sufficiently inform applicant of concerns or information relied. Applicant not told of right to bring representative or support person. No evidence of pre-determination of decision. Dismissal unjustified. REMEDIES: No contributory conduct. $10,000 compensation appropriate. |
| Result | Application granted ; Compensation ($10,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A ; ERA s103A(3) ; ERAs 124 ; ERA s174E |
| Cases Cited | Hall v Dionex Pty Ltd [2015] NZEmpC 29 ; Harris v The Warehouse Ltd [2014] NZEmpC 188, [2014] ERNZ 480 ; Salt v Fell [2008] NZCA 128, [2008] 3 NZLR 193 ; Strachan v Moodie t/a Moodie & Co [2012] NZEmpC 95, (2012) 10 NZELR 216 |
| Number of Pages | 21 |
| PDF File Link: | 2016_NZERA_Auckland_358.pdf [pdf 228 KB] |