| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 356/05 |
| Hearing date | 24 May 2005 |
| Determination date | 13 September 2005 |
| Member | A Dumbleton |
| Representation | G Simonovski (in person) ; E Huston |
| Location | Auckland |
| Parties | Simonovski v Harvey Norman Stores (NZ) Pty Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Dismissed during trial period - Applicant proved unable to learn the relatively straightforward work - Problem was lack of concentration and inability to follow instructions - Given extra training and told employment could terminate if no improvement - Was no improvement - Could dismiss for poor performance during trial period as long as had just cause to do so and acted fairly - Satisfied respondent acted fairly - Dismissal justified - DISCRIMINATION - Claims of race and gender discrimination were imaginative and without any factual basis - Applicant took copies of respondent's financial reports with him when left - Order prohibiting publication or disclosure by applicant of that information to anyone - Documents to be retrieved by respondent from Authority's file - Creditors Clerk |
| Result | Application dismissed ; Orders accordingly ; Costs reserved |
| Statutes | ERA s103A;ERA Second Schedule cl10 |
| Cases Cited | Nelson Air Ltd v NZ Airline Pilots' Association [1994] 2 ERNZ 665;Slater (t/a Carpet North) v Smith [1994] 1 ERNZ 869 |
| Number of Pages | 4 |
| PDF File Link: | aa 356_05.pdf [pdf 22 KB] |