| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 166/04 |
| Hearing date | 11 Mar 2004 |
| Determination date | 13 May 2004 |
| Member | K Raureti |
| Representation | M Young ; S Wilson & N Dines |
| Location | Auckland |
| Parties | Jackson v Enterprise Motor Group (North Shore) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - No written employment agreement - Concerns raised during 3 month trial period about punctuality, attendance, sleeping at work, not meeting performance targets - Addressed by verbal encouragement, coaching, mentoring, regular performance assessment interviews and training sessions - At meeting 2 weeks prior to expiry of trial period poor performance issues put to applicant - Branch manager and applicant went for walk where manager offered opportunity to resign rather than risk termination at end of probationary period - Resigned - Entitled to fair warning that respondent's dissatisfaction was such employment would end at expiry of probationary period - Balance of power and influence in favour of manager - Resignation not free choice - Constructive dismissal - Dismissal unjustified - Remedies - Reduction of 75 percent for contributory conduct - No wages lost as found new employment during notice period - Car Sales Consultant |
| Result | Application granted ; Compensation for humiliation, etc ($1,000 reduced to $250) ; Costs reserved |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963; [1985] 2 NZLR 372;Nelson Air Ltd v New Zealand Airline Pilots Association [1994] 2 ERNZ 665;Wellington Clerical Workers' IUOW v Barraud & Abraham Ltd [1970] 70 BA 347 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |