| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 31/05 |
| Hearing date | 3 Feb 2005 |
| Determination date | 24 February 2005 |
| Member | G J Wood |
| Representation | D McLeod ; D Bigio |
| Location | Wellington |
| Parties | West v Workbridge Inc |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant assisted those with injuries and disabilities into jobs - Consistently failed to meet performance targets of two job placements per week - Strategy involving taking over some of departing colleague's workload proposed by applicant but rejected by respondent - Departing colleague allowed applicant to take credit for three placements not organised by applicant - Upon discovery by manager disciplinary meeting organised - Applicant claimed sharing credit for placements common practice - Minimal further investigation of claim by respondent - Summary dismissal for serious misconduct at next meeting - Pre-prepared letter signed by chief executive despite previous delegation of decision making to human resources manager - Allegation that performance concerns real reason for dismissal unfounded - Although dismissal letter signed by chief executive real decision maker human resources manager - Allegation of no access to true decision maker unfounded - Implicit in respondent's approach that investigation into applicant's common practice" claim would involve further opportunity for applicant to comment - No such opportunity provided before dismissal - Dismissal unjustified - Remedies - Contributory conduct 40 percent - Applicant clearly informed not to take departing colleague's work when proposed strategy rejected - Placement consultant" |
| Result | Application granted ; Reimbursement of lost wages ($2,280 net reduced to $1,368)(4 weeks reduced to 2.4 weeks) ; Compensation for humiliation etc ($5,000 reduced to $3,000) ; Costs reserved |
| Statutes | ERA s123(c)(i) |
| Number of Pages | 8 |
| PDF File Link: | wa 31_05.pdf [pdf 31 KB] |