| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 25/05 |
| Hearing date | 12 Nov 2004 |
| Determination date | 27 January 2005 |
| Member | R A Monaghan |
| Representation | CFL Godinet ; R Gillespie |
| Location | Auckland |
| Parties | Gregory v Data Management Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant dismissed relatively shortly after employment started - Applicant had suffered brain haemorrhage which left her with short term memory lapses - Respondent alleged were numerous problems with applicant's performance - Agreement stated was fixed term" for three months - Not genuine fixed term under s66 Employment Relations Act 2000 - Not open to company to rely on agreement and having paid applicant until end of three month term - Respondent spoke to applicant's father and agreed to applicant leaving immediately but paid until end of three month term - Not open to respondent to rely on applicant's Father's involvement - No agreed termination - Performance concerns not properly put to applicant - No opportunity to improve given - Dismissal unjustified - Remedies - Unlikely applicant could have improved performance to necessary standard for employment to continue - Award of compensation took into account actual standard of performance - No award for lost wages - Receptionist" |
| Result | Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Statutes | ERA s66;ERA s66(2)(b);ERA s66(3)(b) |
| Cases Cited | Nelson Air Ltd v NZ Airline Pilots' Association [1994] 2 ERNZ 665 |
| Number of Pages | 6 |
| PDF File Link: | aa 25_05.pdf [pdf 40 KB] |