| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 67/03 |
| Hearing date | 23 Apr 2003 |
| Determination date | 10 June 2003 |
| Member | H Doyle |
| Representation | I Thompson ; P Shaw |
| Location | Christchurch |
| Parties | Manihera v Telecom Directories Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Performance concerns put to applicant - Performance goals set - Feedback regarding customer complaints - Two written warnings with respect to unsatisfactory performance - Second written warning issued without opportunity to respond to allegations - Warning not challenged at time - Authority able to consider circumstances of warning as part of overall process leading to dismissal - Performance process too closely monitored and high-pressured - Insufficient time for improvement - Insufficient explanation for why targets set at certain level - Feeling of lack of control - No opportunity to comment at final meeting - Dismissal unjustified - Contributory conduct 65 percent - External sales representative |
| Result | Application granted ; Reimbursement of lost wages ($5,960.50 reduced to $2,086.18)(13 weeks) ; Reimbursement of lost benefit (Quantum reserved)(Telephone)(Medical insurance)(Vehicle) ; Compensation for humiliation etc ($5,000 reduced to $1,750) ; Costs reserved |
| Cases Cited | Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |