| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 152/05 |
| Hearing date | 26 Oct 2005 |
| Determination date | 25 November 2005 |
| Member | P Cheyne |
| Representation | SM Harwood (in person) ; K Knights |
| Location | Christchurch |
| Parties | Harwood v First Aluminium Dunstan Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Alleged abuse then dismissal - Agreed on three month probationary period but not in writing - Alleged yelled at by director of respondent in first week - Alleged was criticised by director in second week by him telling her she was not working quickly enough - Unlikely respondent would have expected new employee to be able to work more quickly than experienced employees - Respondent was conveying a target rather than criticising applicant's current performance - Respondent told applicant she was a stupid girl" after discussion over particular job she had done - Alleged respondent then waved at her and said "good bye" - Following the exchange applicant was taken into office by other director and allegedly dismissed - Not accepted that other director intentionally blocked or struck applicant when she went out a door - After exchange in office, applicant went to leave and was told to take off her tool belt and go - Termination of employment was at respondent's initiative - No attempt to justify dismissal - Unjustified dismissal - Remedies - Contributory conduct 20 percent - Letter from applicant to counsellor indicated distress associated with sudden dismissal had largely been resolved in applicant's mind within a week" |
| Result | Application granted ; Reimbursement of lost wages ($5,997 reduced to $4,800)(3 months) ; Compensation for humiliation etc ($2,500 reduced to $2,000) ; Costs reserved |
| Number of Pages | 5 |
| PDF File Link: | ca 152_05.pdf [pdf 33 KB] |