| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 315/06 |
| Hearing date | 28 Sep 2006 |
| Determination date | 06 October 2006 |
| Member | D King |
| Representation | K Hughes ; P Akbar |
| Location | Auckland |
| Parties | Perkins v Harbour City Signs Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Poor performance – Respondent claimed applicant received three warnings – First two “warnings” were not warnings as applicant not told employment in jeopardy or that she was being given warnings – “Warnings” were simply Operations Manager telling applicant about errors in accordance with obligation to provide training – Giving of third warning disputed by applicant – Warning procedurally unfair – Third warning given just before respondent closed for Christmas – On first day back after break applicant verbally informed of dismissal and given notice – Two days later written dismissal letter left on her desk – Applicant claimed shocked to receive letter and wrote resignation letter effective that day – Dismissal unjustified – Even if applicant had been told before holiday close down that employment in jeopardy she had no opportunity to improve performance as dismissed on first day back – Basic elements of procedural fairness not met – Probationary clause provided for termination at end of three month period – Applicant dismissed after less than seven weeks employment – Respondent had obligation to provide training over a reasonable period of time - Parties had agreed that time period was to be three months - Applicant unjustifiably dismissed and entitled to treat actions of respondent as breach of contract and contract as being at an end – Length of service less than seven weeks - BREACH OF CONTRACT - Counterclaim - No contractual provision requiring repayment of notice - Respondent unable to identify any loss suffered as consequence of early departure - Dismissal letter made it clear applicant would have been released within notice period if she found other employment - Claim dismissed - Office administrator |
| Result | Application granted(Unjustified dismissal) ; Reimbursement of lost wages ($3,273)(3 months less earnings) ; Compensation for humiliation etc ($2,000) ; Application dismissed(Breach of contract) ; Costs reserved |
| Number of Pages | 3 |
| PDF File Link: | aa 315_06.pdf [pdf 58 KB] |