| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 74/01 |
| Determination date | 29 October 2001 |
| Member | D Asher |
| Representation | J Holden & S Turner ; M Hawkesby |
| Location | Wellington |
| Parties | Foo v Pacific Plastic Recyclers Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Summary dismissal - Poor performance - Serious misconduct - Requested resignation - Dismissed when refused to sign resignation document - Alleged unauthorised draw-downs and concerns about dishonesty and gambling - Alleged substandard performance - No warning - Alleged performance warning was conversation between friends - Predetermination - Conduct was unchallenged for a year - Conduct could not be responsible for predetermination - Only option was to resign or be dismissed - Complete absence of procedural fairness - Dismissal was unjustified - RECOVERY OF MONEY - Alleged agreement to pay 'sign-on' money, profit share and other monies - Whether use of vehicle term or condition of employment - Credibility - Let more than 5 years pass before pursued money allegedly owing - Letter of appointment and shareholder's resolutions made no reference to agreement - Profit-share was discretionary incentive - No contractual entitlement to 'sign-on' money or profit-share - Provision of vehicle was benefit - General manager |
| Result | Application granted in part ; Reimbursement of lost wages (6 months) ; Reimbursement of lost benefit ($1,500)(Vehicle) ; Compensation for humiliation etc ($6,500) ; Costs reserved |
| Statutes | ERA s6(3);ERA s124;ERA s128(2) |
| Cases Cited | Airline Stewards & Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584 ; [1990] 3 NZLR 549;Ark Aviation Ltd v Newton [2001] ERNZ 133;Comber v Odyssey House Trust Inc [1992] 3 ERNZ 210;Grange v Phillips Electrical Industries Ltd [1981] ACJ 291;Hawkes Bay Road Transport etc IUOW v Direct Transport Ltd [1981] ACJ 523;NZ Bank Officers IUOW v ANZ Banking Group (New Zealand) Ltd [1983] ACJ 803;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |