| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 135/06 |
| Hearing date | 14 Feb 2006 - 2 Mar 2006 (2 days) |
| Determination date | 21 April 2006 |
| Member | K J Anderson |
| Representation | D Bruce ; B Collins |
| Location | Auckland |
| Parties | Sword v Collins Travel Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Applicant dismissed on one month's notice - Alleged applicant's work performance and attendance unsatisfactory - Initially on trial period then confirmed into position - That tended to suggest were no substantial concerns about applicant during trial period - Meetings to discuss concerns before notice of dismissal given - Applicant did not work out notice period but told respondent she was not coming back - Applicant alleged she felt discriminated against because she was pregnant - Conflict in evidence - Satisfied were ongoing problems with applicant's overall performance - Not accepted that dismissal related to pregnancy - While faults in overall performance were drawn to applicant's attention, was no material record of what was discussed, what was expected of her, and consequences of failure to reach acceptable level of performance - Appeared that applicant was largely left to own devices with little or no training or performance expectations - Given applicant's age and inexperience, was obligation on respondent to have set out in specific terms what was required of her and given her training and supervision - Method to terminate employment unfair and unreasonable and failed to meet procedural requirements - Dismissal unjustified - Contributory conduct 50 percent - PENALTY - Penalty sought for failure to provide written employment agreement - Claim dismissed given overall lack of evidence and fact that respondent was no longer trading - Length of service 11 months 2 weeks - Junior travel consultant |
| Result | Application granted (unjustified dismissal) ; Reimbursement of lost wages ($3,200 reduced to $1,600) ; Compensation for humiliation etc ($5,000 reduced to $2,500) ; Application dismissed (penalty) ; Costs reserved |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Trotter v Telecom Corporation of New Zealand Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 7 |
| PDF File Link: | aa 135_06.pdf [pdf 40 KB] |