| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 19/06 |
| Hearing date | 6 Dec 2005 |
| Determination date | 13 February 2006 |
| Member | H Doyle |
| Representation | J Goldstein ; B McDermott |
| Location | Christchurch |
| Parties | Manning v Saxon Print Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Applicant dismissed because of his declining sales figures and respondent's dissatisfaction with his performance - Respondent genuinely dissatisfied with applicant's sales figures - Discussions between respondent's managing director and applicant - Individual employment agreement contained full procedure for dealing with disciplinary issues - Verbal reprimand at one of the meetings - No clear and explicit warning that applicant's job on line if no improvement in performance as required by agreement - During one meeting managing director decided to dismiss applicant - Not advised to have support person at meeting and not advised that a consequence of meeting could be dismissal - No evidence to suggest respondent carefully analysed applicant's explanations - No fair process - Unjustified dismissal - Remedies - Account manager |
| Result | Application granted ; Reimbursement of lost wages ($8,676)(3 months) ; Compensation for humiliation ($9,000) ; Costs reserved |
| Statutes | ERA s103A;ERA s128(3) |
| Number of Pages | 6 |
| PDF File Link: | ca 19_06.pdf [pdf 36 KB] |