| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 249/04 |
| Hearing date | 4 Aug 2004 |
| Determination date | 09 August 2004 |
| Member | D King |
| Representation | T Kurta ; A Shahroodi |
| Location | Auckland |
| Parties | O'Brien v Gamma Computers Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Serious misconduct - Alleged failure to follow invoice procedures - Alleged personal use of internet - Alleged failure to take tea breaks at correct times - Numerous other performance allegations made - Many allegations not put to applicant - Failure to inform of right to representative or that meeting could result in disciplinary action - Factors taken into account in dismissal decision not put to applicant - Dismissal unjustified - Remedies - 100 percent contributory conduct - PENALTY - Failure to provide written employment agreement - Respondent required to familiarise itself with legal obligations required of employers - Penalty appropriate - Customer service person |
| Result | Application granted ; Penalty ($1,000)(Payable to Crown) ; Costs reserved |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |