| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 301/05 |
| Hearing date | 13 Jun 2005 |
| Determination date | 08 August 2005 |
| Member | M Urlich |
| Representation | D Schnauer ; P Craighead |
| Location | Auckland |
| Parties | Williams v Bayer New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Applicant employed to cover period of parental leave - Alleged he misrepresented extent of his computer/data entry skill and that he was aware of the short time available in which to get him up to speed - No misrepresentation by applicant - His representations during recruitment process were reasonable given that he had been told by the personnel consultants that his skills were adequate for the position - Alleged his skill level to use phone and process orders was nil" - However, if that were the case, such deficit would have been ascertained within first day or two of employment and drawn to applicant's attention - That did not happen and applicant's training continued - Not advised his performance inadequate until dismissed - Not given opportunity to respond to concerns, to prepare for meeting or take advice - Dismissal unjustified" |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined)(2 months) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Number of Pages | 3 |
| PDF File Link: | aa 301_05.pdf [pdf 17 KB] |