| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 424/04 |
| Hearing date | 21 Jun 2004 - 15 Jul 2004 (3 days) |
| Determination date | 23 December 2004 |
| Member | J Scott |
| Representation | AJ McKenzie, M Ryan ; P Churchman |
| Location | Auckland |
| Parties | Bagchi v Inland Revenue |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Alleged victim of systematic ill treatment, deep prejudice and hatred and subjected to cultural or racial discrimination - Respondent alleged applicant dismissed for failing to meet minimum standard of performance - Informal coaching and support augmented with formal training programmes - First warning after first performance improvement plan (PIP") completed unsatisfactorily - Final warning after learning applicant received assistance for work completed for second PIP - Dismissed with four weeks' pay in lieu of notice - No evidence to support applicant's allegations - 409 hours of training provided - Respondent set clear performance expectations in consultation with applicant and assessed performance using objective criteria - Applicant argumentative and failed to accept advice - Contrary to company manual was not told of right to representation before meeting to discuss first PIP - No disadvantage - Axiomatic that work prepared for PIP will be work of employee whose performance under assessment - Serious lack of judgment on applicant's part - Dismissal justified - No contractual right to give pay in lieu of notice - Summary sending away deprived applicant opportunity to depart gracefully - However clean break warranted - No personal grievance - Computer Tax Audit Investigator" |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s104 |
| Cases Cited | Air New Zealand Ltd v Sutherland [1993] 2 ERNZ 10;Hawkes v DML Resources Ltd unreported, Colgan J, 16 July 1997, AEC 73/97;New Zealand Educational Institute v Board of Trustees of Auckland Normal Intermediate School [1992] 3 ERNZ 243;New Zealand Workers IUOW v Sarita Farm Partnership [1991] 1 ERNZ 510;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Ramankutty v Vice-Chancellor of the University of Auckland [2002] 1 ERNZ 586;Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 26 |
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