| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 71A/05 |
| Hearing date | 10 Aug 2005 - 11 Aug 2005 (2 days) |
| Determination date | 04 October 2005 |
| Member | M Urlich |
| Representation | T Allan ; G Curry |
| Location | Auckland |
| Parties | Sprott v Centre for Advanced Medicine Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - No warning - Non-performance of duties - Also failure to respond to Board's concerns and threats of legal action by applicant's father - No evidence applicant was advised that performance did not meet accepted standards prior to dismissal - Nor told how could improve performance or told timeframe within which performance must improve - Further incidents of serious misconduct - Not reasonable to conclude that applicant had failed to perform his duties or that his conduct at Board meeting and in relation to his father's letter so impaired relationship of trust and confidence that amounted to serious misconduct warranting dismissal - Chief executive officer |
| Result | Application granted ; Reimbursement of lost wages (Three months) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Cases Cited | MacAdam v Port Nelson Ltd (No 2) [1993] 1 ERNZ 300;Telecom South v Post Office Union [1992] 1 ERNZ 711 (CA) |
| Number of Pages | 9 |
| PDF File Link: | aa 71a_05.pdf [pdf 45 KB] |