| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 294/03 |
| Hearing date | 5 Sep 2003 |
| Determination date | 02 October 2003 |
| Member | J Wilson |
| Representation | C Bennett ; G Armstrong |
| Location | Auckland |
| Parties | Laubscher v NZ Delicaressen Products Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Alleged failure to provide adequate training - Performance assessment identified problems - Given opportunity to improve - Responded in writing to allegations performance had not improved - Dismissed without further discussion - Alleged overstated ability in curriculum vitae - Employer required to be discerning during recruitment - Employer's responsibility to ensure employee was given every opportunity to be successful in position - Dismissal unjustified - Remedies - Misstating ability on curriculum vitae amounted to contributory conduct - Failure to mitigate - Unemployed for six months - Remedies reduced by 50 percent - Accounts assistant |
| Result | Application granted ; Reimbursement of lost wages ($5,400 reduced to $2,700) ; Compensation for humiliation etc ($2,000 reduced to $1,000) ; Costs reserved |
| Statutes | ERA s124;ERA s128(2) |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;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. |