| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 326/05 |
| Hearing date | 19 Aug 2005 |
| Determination date | 25 August 2005 |
| Member | Y S Oldfield |
| Representation | F Sabbineni ; G Blair |
| Location | Auckland |
| Parties | Begg v South Auckland Hydraulics Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Poor performance - Dismissal occurred after 1 December 2004 – Respondent arrived at applicant’s home unannounced one evening (along with another person) and said was taking van back because applicant was dismissed – Respondent alleged applicant’s performance was so bad that his business was going under – Accounts showed business did badly during the time applicant was employed – Applicant sole employee and responsible for all day to day operations – Must bear responsibility for its poor performance – Satisfied applicant did not perform to minimum standard required – Inadequate warning given – Not satisfied was given a timeframe for improvement or told job in jeopardy – Respondent alleged he was concerned about applicant since his marriage had recently ended which is why he did not tackle the issues sooner and more directly – Dismissal totally lacking minimum standard of procedural fairness – Applicant not properly warned, not given a chance to obtain representation, and not given an opportunity to respond to respondent’s concerns before his dismissal – Also insensitive for respondent to have a virtual stranger looking on while he dismissed applicant at his home – Remedies – Contributory conduct 35 percent |
| Result | Application granted ; Reimbursement of lost wages ($5,040 reduced to $3,276)(six weeks) ; Compensation for humiliation etc ($5,000 reduced to $3,250) |
| Number of Pages | 5 |
| PDF File Link: | aa 326_05.pdf [pdf 29 KB] |