| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 344/05 |
| Hearing date | 7 Jul 2005 |
| Determination date | 08 September 2005 |
| Member | M Urlich |
| Representation | MT Robb (in person) ; B Carey |
| Location | Auckland |
| Parties | Robb v GE Betz Pty Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - District manager asked applicant to pull car over on way to airport and told him he wished to implement performance improvement plan (PIP") - Gave applicant draft PIP which stated that failure to complete plan could result in dismissal - At later meeting applicant advised discussion about draft PIP constituted a verbal warning - Applicant resigned - Appropriate to formally raise concerns about performance with applicant to give opportunity to respond prior to any implementation of PIP - However covering letter of draft PIP stated it was to be implemented "effective immediately" - Prior to this no performance concerns had been raised with sufficient specificity to allow applicant opportunity to respond - However breach was remedied when respondent deferred start date of PIP - Issuing of verbal warning not fair and reasonable - Given potentially unusual circumstances of meeting it would have been desirable to give applicant fair notice so that consultation as to location and arrangement of representative could occur - Unjustified disadvantage - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant resigned before he received response to his concerns about draft PIP and verbal warning - Worked out notice period - In circumstances not constructive dismissal - BREACH OF CONTRACT - Applicant alleged new commercial leadership position had effect of making his position redundant - Sought redundancy compensation - No evidence role was redundant at date of resignation - Technical specialist" |
| Result | Application dismissed (unjustified dismissal and breach of contract) ; Application granted (unjustified disadvantage) ; Compensation for humiliation ($3,000) ; Costs reserved |
| Cases Cited | Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 6 |
| PDF File Link: | aa 344_05.pdf [pdf 39 KB] |