| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 8/06 |
| Hearing date | 24 Nov 2005 |
| Determination date | 16 January 2006 |
| Member | J Scott |
| Representation | B Quarrie ; M Broadbelt |
| Location | Auckland |
| Parties | Biddick v Mangonui Computers 2004 Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant walked into respondent's business and asked if there were any jobs available for computer technician - Engaged immediately and started work that afternoon allegedly on trial basis - During first week of employment respondent began to have concerns about applicant's competency, customer service, standard of dress and attitude - At end of second week respondent told applicant things weren't working out and she wanted him to leave - Summary dismissal - Credibility issues - Authority not satisfied applicant engaged on basis of two week trial period - At best respondent thought she could try applicant out but this not communicated to applicant for his agreement - Permanent employee - Respondent counselled applicant as to her expectations but no formal discussions where performance concerns unequivocally spelt out together with warning that position would be in jeopardy if no improvement - Dismissal conceived and carried out in manner completely inconsistent with rules of natural justice - Unjustified dismissal - Remedies - No contributory conduct as respondent's steps to address concerns were so deficient - Compensation for humiliation took into account that period of employment extremely short - Computer technician |
| Result | Application granted ; Reimbursement of lost wages ($6,340)(3 months) ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Statutes | Employment Relations Amendment Act (No 2) 2004;ERA s67;ERA s64;ERA s124 |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584 ; [1990] 3 NZLR 549;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 7 |
| PDF File Link: | aa 8_06.pdf [pdf 38 KB] |