| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 156/03 |
| Hearing date | 13 May 2003 |
| Determination date | 29 May 2003 |
| Member | K Raureti |
| Representation | J Kay ; V Deobhakta |
| Location | Auckland |
| Parties | Tawhara v Wilson Brothers Earthmovers Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Work colleague indicated to applicant he would be dismissed next day - Approached manager and argument ensued - Whether dismissed during altercation - Respondent concerned with applicant's competence and proposed transferring him - Applicant's thoughts clouded by colleague's comments - No dismissal - UNJUSTIFIED DISADVANTAGE - Matter resolved by Authority as described in accordance with s160(3) Employment Relations Act 2000 - Manner in which respondent handled whole matter amounted to unjustified disadvantage - No written employment agreement - Safety and competency concerns not addressed formally with applicant - Remedies - Respondent made attempts to clarify misunderstanding with applicant which could have resulted in no loss of earnings - Order for lost wages not appropriate - Driver/digger |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation ($2,000) ; Costs reserved |
| Statutes | ERA s64;ERA s65;ERA s67;ERA s160(3) |
| Number of Pages | 6 |
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