| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 124/04 |
| Hearing date | 30 Aug 2004 - 1 Sep 2004 (3 days) |
| Determination date | 15 September 2004 |
| Member | D Asher |
| Representation | K Mair ; A Martin |
| Location | Wanganui |
| Parties | McDonnell v the Attorney-General in respect of the Director-General of Conservation |
| Summary | UNJUSTIFIED DISMISSAL - Respondent underwent extensive restructuring - Performance concerns - Two warnings given - Parties agreed to work through outstanding issues" without threat of disciplinary action - Further concerns about applicant raised - Investigator report and recommendations on issues - Applicant dismissed in breach of agreement - Respondent agreed to work through performance issues relied on in dismissal without threat of disciplinary action - Unjustified dismissal - Aside from breach of agreement tests in respect of unsatisfactory work performance clearly met by respondent - Aside from breach of agreement no breach of respondent's obligation to act reasonably and fairly - No lack of communication - Applicant resisted restructuring changes - No evidence to support claim applicant forced to do work not physically fit to undertake - Remedies - Contributory conduct 50 percent - Impact on applicant's Mana and standing in local community recognised - Holiday pay to be calculated in respect of 6 months lost wages (less 50 percent) - Leave reserved to parties to submit calculation if no agreement - Field Centre Supervisor" |
| Result | Application granted ; Reimbursement of lost wages (6 months reduced by 50 percent) ; Holiday pay in relation to lost wages (quantum to be determined by parties) ; Compensation for humiliation etc ($18,000 reduced to $9,000) ; Orders accordingly ; Costs reserved |
| Statutes | ERA s124 |
| Cases Cited | Drummond v Coca-Cola Bottlers NZ Ltd [1995] 2 ERNZ 229;Telecom New Zealand Ltd v Nutter unreported, Anderson P, Hammond, William Young JJ, 21 July 2004, CA 127/03;Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 17 |
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