| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 251/03 |
| Hearing date | 10 Jul 2003 |
| Determination date | 18 August 2003 |
| Member | M Urlich |
| Representation | E Butcher ; RL Towner |
| Location | Auckland |
| Parties | Davis v The Learning Curve Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Employed while lived in USA - Negative performance review after 2 weeks - Meetings to discuss issues - Not told to bring representative or that dismissal a potential outcome - Alleged failed to perform job that was employed to do and had poor attitude - Not given opportunity to work out notice - Employment not subject to probationary period - Applicant put on notice of concerns - Respondent not able to show sufficient enquiry to justify conclusion to dismiss - Dismissal unjustified - Remedies - No evidence to explain delay in looking for work - Reimbursement of lost wages for 2 weeks - Senior instructional designer |
| Result | Application granted ; Reimbursement of lost wages (2 weeks) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Cases Cited | Argosy Imports Ltd v Lineham [1998] 3 ERNZ 976;Paykel Ltd v Ahlfield [1993] 1 ERNZ 334;Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 11 |
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