| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 24/01 |
| Determination date | 22 June 2001 |
| Member | N Taylor |
| Representation | C Fisher ; D Rhodes |
| Location | Christchurch |
| Parties | Russell v Rentokil Initial Ltd t/a Initial Healthcare |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Threatened that employment in jeopardy if failed to reach sales targets - Targets met - Meeting with her lawyer and manager - After meeting manager approached applicant in aggressive manner - Lawyer wrote letter of complaint - Manager approached applicant about letter and was told to contact lawyer - Meeting arranged with applicant and lawyer - Dismissed at outset of meeting for refusal to accept reasonable management directives and unwillingness to discuss normal business matters - Reasons for dismissal unreasonable - No evidence to support reasons - Dismissal procedurally flawed - No opportunity to be heard - No prior notification of allegations - Sales consultant |
| Result | Application granted ; Reimbursement of lost wages ($17,599.99) ; Compensation for humiliation etc ($9,000) ; Costs reserved |
| Cases Cited | Auckland City Council v Hennessey [1982] ACJ 699;Hillier v Lyttleton Borough Council (1987) 1 NZELC 95,647;United Food & Chemical IUOW v J Wattie Foods Ltd [1991] 3 ERNZ 839 |
| Number of Pages | 5 |
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