| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 491/05 |
| Hearing date | 26 Jul 2005 |
| Determination date | 21 December 2005 |
| Member | Y S Oldfield |
| Representation | DJ Sharp ; T Petherick |
| Location | Auckland |
| Parties | Bright v Eastern Equities Corporation Ltd t/a Farmers Transport Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Respondent developed genuine concerns about applicant's performance - Applicant received two pay increases - Meetings amounted to no more than coaching and counselling - Applicant not advised meetings were disciplinary in nature or that his job was in jeopardy if he did not meet certain standards - Respondent did not satisfy Authority that applicant was properly informed of respondent's dissatisfactions or of standard it required - Respondent offered to move applicant to lower Operations Supervisor role - When applicant declined demotion he was dismissed for poor performance - No timeframe for performance to improve - Not given adequate opportunity to respond to respondent's concerns - No chance to try to save his job - Procedurally unfair - Remedies - Applicant found role stressful and moving out of it was not such a bad thing for him - Mid range award of compensation appropriate - Unjustified dismissal - Manager |
| Result | Application granted ; Reimbursement of lost wages ($2,000)(3 months) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Cases Cited | Trotter v Telecom Corporation of New Zealand Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 7 |
| PDF File Link: | aa 491_05.pdf [pdf 41 KB] |