| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 105/05 |
| Hearing date | 6 Jul 2005 |
| Determination date | 03 August 2005 |
| Member | J Crichton |
| Representation | CG Fletcher ; D Rhodes |
| Location | Christchurch |
| Parties | Breen v Tulloch Transport Ltd |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Poor performance - Use of company vehicle was withdrawn from applicant after he had vehicle at home during annual leave allegedly against employment agreement - Applicant alleged was custom and practice - Immediately following vehicle issue, performance issues were raised with applicant - Performance management process confused performance issue with vehicle issue - Failed to provide adequate framework by which applicant's performance could be evaluated, supported, and improved - Dismissal unjustified - Applicant suffered loss from respondent's decision to remove vehicle from him - Dispatcher |
| Result | Application granted ; Reimbursement of lost wages ($1,400)(Two weeks) ; Compensation for humiliation etc ($3,000)(Unjustified dismissal) ; Loss of benefit ($2,500)(company vehicle) ; Costs reserved |
| Number of Pages | 6 |
| PDF File Link: | ca 105_05.pdf [pdf 30 KB] |