Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 54/04
Hearing date 16 Jun 2003
Determination date 10 May 2004
Member A Dumbleton
Representation A McKenzie ; J Pearson
Location Christchurch
Parties Kernohan v Asure New Zealand Ltd
Summary UNJUSTIFIED DISMISSAL - Poor performance - Serious misconduct - Alleged failure to follow required procedures - Performance program instituted to ensure compliance with policies - Regular monitoring and feedback undertaken - Incident where applicant failed to communicate with co-worker - Reasonable time frame for improvement given - Informed failure to meet standards would result in issues becoming disciplinary matters - Dismissal open to fair and reasonable employer in circumstances - Non-publication order - Certain documents prohibited from publication - Meat inspector
Result Application dismissed ; Costs reserved
Cases Cited BP Oil NZ Ltd v NID Distribution Workers etc IUOW [1989] 3 NZILR 276 ; [1989] 3 NZLR 580;Ramankutty v Vice-Chancellor of the University of Auckland unreported, Goddard CJ, 25 October 2001, AC 53B/01;Trotter v Telecom Corp of NZ Ltd [1993] 2 ERNZ 659;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29
Number of Pages 8
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