| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 454/05 |
| Hearing date | 26 Sep 2005 |
| Determination date | 29 November 2005 |
| Member | R A Monaghan |
| Representation | M O'Brien ; D Smith |
| Location | Auckland |
| Parties | Carter v Southpark Corporation Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant recruited to position with respondent through recruitment agency K" - Respondent became almost immediately concerned about applicant's performance - Contacted K to express concerns that applicant's skill levels were not as had been represented - Respondent solicited other employees' views of applicants competence - Asked applicant to meeting to discuss how "things were going" - Prior to meeting K told applicant about respondent's complaints - Applicant believed that at meeting respondent told her he wanted her to start looking for another job over next two to three months - Took sick leave for rest of week - Meeting with applicant, respondent and K - Respondent asked applicant to leave room and he discussed concerns in more detail with K - Upon applicant's return to room she saw notes setting out other employees' comments - Felt she was being "performance reviewed" out of her job and did not return to work - Respondent did not raise concerns properly with applicant - Acted unfairly by questioning other employees about applicant's skills and attempting to use results without finding out what applicant thought - Applicant justified in concluding respondent wished her to leave - Respondent failed to adhere to undertaking in parties' employment agreement to be good employer - Circumstances amounted to dismissal which was not justified - Personal assistant" |
| Result | Application granted ; Reimbursement of lost wages (3 months' salary less subsequent earnings) ; Compensation for humiliation ($7,500) ; Costs reserved |
| Statutes | ERA s128 |
| Cases Cited | Review Publishing Ltd v Walker [1996] 2 ERNZ 407 |
| Number of Pages | 6 |
| PDF File Link: | aa 454_05.pdf [pdf 36 KB] |