| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 209/01 |
| Determination date | 04 December 2001 |
| Member | J Wilson |
| Representation | S Williams ; B Porteous |
| Location | Auckland |
| Parties | Scholes v Locat Publishing Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Inappropriate to refer parties to mediation - Unlikely to contribute constructively to resolving matter - Required to meet sales target during trial period - Dismissed when target not met - Alleged told not to be concerned with meeting minimum requirements - Dismissal occurred outside trial period - Not warned that performance unsatisfactory - Minimum standard required to justify dismissal not met - Dismissal unjustified - Telemarketer |
| Result | Application granted ; Reimbursement of lost wages ($1,920)(6 weeks) ; Compensation for humiliation etc ($2,000) ; Arrears of holiday pay ($155) ; Costs reserved |
| Statutes | ERA s67;ERA s159 |
| Cases Cited | Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |