| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 59/07 |
| Hearing date | 18 Jan 2007 |
| Determination date | 05 March 2007 |
| Member | V Campbell |
| Representation | A Kashyap ; S Kewal |
| Location | Auckland |
| Parties | Raman v Landmarx Development (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Applicant alleged age discrimination but failed to provide evidence to support claim dismissed so younger worker could be employed - Authority not satisfied applicant subject to discrimination - Number of performance issues raised with applicant during employment, including failure to attend meetings to address performance issues - Respondent claimed applicant dismissed for failure to attend meeting as instructed - Unbeknown to respondent, applicant had been given approval to take time off work for another engagement - Instruction to attend disciplinary meeting lawful and reasonable - No investigation into why applicant did not attend, would have revealed reasonable explanation - Nothing to suggest applicant refused to attend - Fair and reasonable employer - Would not have dismissed in circumstances - Dismissal unjustified - Remedies - Applicant did not look for alternative work immediately as surgery scheduled in two months - Carpenter |
| Result | Application granted ; Reimbursement of lost wages ($7,203.30)(13 weeks) ; Compensation for humiliation etc ($2,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;Human Rights Act 1992 |
| Cases Cited | Wellington's Clerical Workers' Union v College Group Ltd [1984] ACJ 315 |
| Number of Pages | 4 |
| PDF File Link: | aa 59_07.pdf [pdf 22 KB] |