| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 145/05 |
| Hearing date | 15 Apr 2005 |
| Determination date | 21 April 2005 |
| Member | L Robinson |
| Representation | D Organ ; G Pollak |
| Location | Auckland |
| Parties | Mehta v Bremy Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Employment agreement provided for three month probationary period with monthly reviews - No formal review meetings conducted - Dismissed at end of probationary period for failure to complete projects in timely way - Meeting 16 days before dismissal amounted to review meeting - Some performance concerns raised - Meeting alone not sufficient to justify termination - Contractually entitled to more than one meeting - 16 days not reasonable opportunity to correct performance issues raised - Stated reason for dismissal not raised as principle concern in review meeting - No fair warning that dismissal possible if that concern not addressed - No meeting prior to dismissal letter to establish whether performance remained unsatisfactory - Dismissal unjustified - Remedies - No contributory conduct - Not inappropriate to award reimbursement of lost wages to employees subject to probationary periods - Could not take for granted that employment would not continue - Software developer |
| Result | Application granted ; Reimbursement of lost wages ($6,666.67)(2 months) ; Compensation for humiliation etc ($500) ; Costs reserved |
| Statutes | ERA s67;ERA s124 |
| Cases Cited | Nelson Air v New Zealand Airline Pilots Association [1994] 2 ERNZ 665 |
| Number of Pages | 4 |
| PDF File Link: | aa 145_05.pdf [pdf 41 KB] |