| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 55/04 |
| Hearing date | 18 Jun 2003 |
| Determination date | 12 May 2004 |
| Member | A Dumbleton |
| Representation | RM Gregory-Hunt ; N McPhail |
| Location | Christchurch |
| Parties | Polachek v Lane Walker Rudkins Industries Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Alleged respondent's actions unjustifiable disadvantage and caused unjustified dismissal - Formal warnings received about performance - Required to achieve 100 percent performance within two weeks - Did not achieve required standard - Applicant dismissed - Alleged failure to consult before changing performance standard - After dismissal alleged performance problems caused by work related back injury - Alleged respondent prevented applicant from performing to standard attracting bonus payment - Collective agreement provided for allowance payable at respondent's discretion to employee unable to earn bonus due to high frequency of job changeover" - Alleged breach of clause - No basis for claim to recover allowance - Though applicant initially complained of sore back and off work for eight days, not mentioned again until after dismissal - No breach by respondent of any legal requirement - Respondent did not act unreasonably or unfairly in regard to obligations to protect applicant's health - Respondent fairly and objectively measured applicant's performance against industry standards - Not applied in way intended to oppress or disadvantage her - Respondent frequently and continuously offered training and more time to improve but applicant rejected offers - No unreasonable or unfair personal behaviour and no breach of good faith - Claim for damages for breach of s4 failed - No personal grievance - PENALTY - Claim for penalty failed since no breach by respondent" |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s4;ERA s157;ERA s160(3) |
| Cases Cited | Trotter v Telecom Corp of NZ Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 7 |
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