| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 496/05 |
| Hearing date | 13 Dec 2005 |
| Determination date | 22 December 2005 |
| Member | Y S Oldfield |
| Representation | B Samujh ; S Menzies |
| Location | Auckland |
| Parties | Maharaj v Hi-Tech Irrigation Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Over three months respondent had four meetings at which it outlined performance concerns to applicant - Applicant received two formal written warnings - At last meeting told he would receive fortnightly feedback but heard nothing further - Two months later applicant received permission to go home and discuss arrangements with his wife after learning his uncle had passed away - Workshop supervisor told applicant to let respondent know of his plans but applicant made no attempt to contact respondent and did not return to work until three days later - Applicant told his failure to contact respondent was another performance failing - At meeting respondent raised other recent non-performance issues and dismissed applicant effective immediately - Trigger for dismissal was applicant's failure to make contact - Had other performance concerns been of sufficient concern to lead to dismissal they should have been raised according to fortnightly programme - Failure to call was different type of concern - Not reasonable to expect applicant to foresee that it could cause his termination in all circumstances including his bereavement - Unjustified dismissal - Failure to pay notice was further breach by respondent - Remedies - Reinstatement declined - Because respondent told New Zealand Immigration Service that applicant had been dismissed for poor performance, applicant was declined a permit - Unable to mitigate loss because no work permit - Respondent had to bear some responsibility for this but could not be expected to meet applicant's losses indefinitely - Compensation for humiliation would reflect distress from dismissal itself but not ongoing problems associated with loss of work permit |
| Result | Application granted ; Reimbursement of lost wages ($7,312.50)(13 weeks) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Number of Pages | 5 |
| PDF File Link: | aa 496_05.pdf [pdf 30 KB] |