| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 162 |
| Hearing date | 22-Aug-17 |
| Determination date | 27 September 2017 |
| Member | D Appleton |
| Representation | T Jackson ; P Johnson |
| Location | Timaru |
| Parties | Harling v Gordon Johnson Ltd t/a McDonald's Timaru |
| Summary | UNJUSTIFIED DIMISSAL – Applicant claimed unjustifiably dismissed by respondent – McDonalds Crew Person |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DIMISSAL: Respondent provided two reasons for dismissal. Satisfied respondent acted in fair and reasonable manner giving applicant reasonable opportunity to improve pace of work. Respondent could have reasonably terminated employment if applicant did not improve. Respondent did not act reasonably in respect of second reason for dismissal. Respondent failed to help applicant to adjust to requirements of role to work at particular stations. Regardless of respondent’s failure substantive outcome would not have changed. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s67;ERA s67A;ERA s67B;ERA s103A;ERA s160(3);Legal Services Act 2011 s45 |
| Cases Cited | Kaipara v Carter Holt Harvey Ltd [2012] NZEmpC 40;Trotter v Telecom Corporation of New Zealand Ltd [1993] 2 ERNZ 659 (EmpC);Yan v Commissioner of Inland Revenue [2015] NZEmpC 36 |
| Number of Pages | 24 |
| PDF File Link: | 2017_NZERA_Christchurch_162.pdf [pdf 174 KB] |