| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 296/05 |
| Hearing date | 20 Jun 2005 - 28 Jun 2005 (2 days) |
| Determination date | 04 August 2005 |
| Member | V Campbell |
| Representation | P Pa'u ; P Fuscic |
| Location | Auckland |
| Parties | Barton v Programmed Maintenance Services (NZ) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant struggled with aspects of job - No formal performance management process implemented - Respondent raised concerns about applicant's interpersonal relationships with colleagues - Evidence of off the record" meeting provided to Authority - During meeting respondent offered to assist applicant to find alternative employment - Applicant not told (as alleged) that if he did not resign he would be dismissed - When applicant informed respondent he had decided to stay with respondent, told that if he did not seek alternative employment he would face prospect of performance management - Applicant went on sick leave and did not return to work - Applicant's advice that he had lost trust in respondent an overreaction - Not a matter where respondent used heavy handed manner - No unjustified disadvantage - Respondent terminated applicant's company cellphone four months after applicant went on sick leave - Given prolonged absence and extent of personal use open to terminate account - Seized applicant's company car seven months after commencement of sick leave - Employment agreement allowed respondent to have vehicle returned - Authority unable to assist applicant further - Account manager" |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s103(1)(b) |
| Cases Cited | Jackson v Enterprise Motor Group (North Shore) Ltd [2004] 2 ERNZ 424;Matthes v NZ Post Ltd [1994] 1 ERNZ 994;Wellington Area Health Board v Wellington Hotel etc IUOW [1992] 2 ERNZ 466 |
| Number of Pages | 10 |
| PDF File Link: | aa 296_05.pdf [pdf 46 KB] |