| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 153/05 |
| Hearing date | 6 Sep 2005 |
| Determination date | 14 September 2005 |
| Member | D Asher |
| Representation | G Lloyd ; R Buchanan |
| Location | Wellington |
| Parties | Moody v Foodstuffs (Wellington) Co-operative Society Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Respondent had performance management system which measured speed at which workers completed their duties - Applicant received warnings for failure to meet standards on number of occasions and was ultimately dismissed - Given retraining - OSH investigation advised it had no issues regarding workplace stress and the applicant - Also OSH investigation into the standards and impact on individual employees which found no failure under Health and Safety in Employment Act 1992 - Respondent clearly established that reasonable performance standards were required of applicant and he was clearly advised of those standards and warned of consequences of not meeting standards - Dismissal justified - Storeman/selector |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 659;W&H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 10 |
| PDF File Link: | wa 153_05.pdf [pdf 42 KB] |