| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 43/04 |
| Hearing date | 29 Jan 2004 - 30 Jan 2004 (2 days) |
| Determination date | 16 April 2004 |
| Member | H Doyle |
| Representation | S Zindel ; AG Stallard |
| Location | Christchurch |
| Parties | Rangi v Amaltal Fishing Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Alleged numerous mistakes made - Warning given at first meeting - Second meeting instigated by applicant who complained was being picked on - Allegations about performance raised at second meeting - Two subsequent informal discussions about mistakes and performance - Final disciplinary meeting about performance resulted in dismissal - First meeting resulted in warning - Attended first meeting without knowledge or opportunity to have representative present - Second meeting should not have addressed performance issues as applicant had no prior knowledge of its inclusion in meeting agenda - Informal discussion did not amount to formal warnings - Discussions about improvement never formalised into actual mechanisms for improvement - Applicant not on notice that position in jeopardy - Dismissal unjustified - Remedies - Contributory conduct - Remedies reduced by 15 percent - Duty to mitigate loss - Applicant turned down higher paying position to take job of choice - Decision broke chain of causation - Not entitled to lost wages - Stock clerk |
| Result | Application granted ; Compensation for humiliation etc ($8,500) ; Costs reserved |
| Cases Cited | Pacific Forum Line Ltd v NZ Merchant Service Guild IUOW [1991] 3 ERNZ 1035;Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 11 |
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