| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 371/04 |
| Hearing date | 11 Nov 2004 |
| Determination date | 16 November 2004 |
| Member | D King |
| Representation | K Rolleston (in person) ; G Nightingale |
| Location | Auckland |
| Parties | Rolleston v Egas Software Ltd t/a Sage New Zealand |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Probationary employment - Respondent terminated applicant's employment after extending probation period - Not advised of purpose for meeting - No opportunity to have representative - Period of extension unclear but applicant entitled to believe she had until next performance review to improve performance - No warning employment might be terminated - No opportunity for input into decision to terminate - Dismissal unjustified - Remedies - Could not claim reimbursement as no attempt to mitigate loss - Evidence of humiliation not strong - Salesperson |
| Result | Application granted ; Compensation for humiliation, etc ($1,500) ; Costs reserved |
| Statutes | ERA s67 |
| Cases Cited | Nelson Air Ltd v NZ Airline Pilots' Association [1994] 2 ERNZ 665;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 3 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |