| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 103/07 |
| Hearing date | 15 Mar 2007 |
| Determination date | 04 April 2007 |
| Member | R Arthur |
| Representation | SM Ali (Applicant in person) ; A Fayyaz |
| Location | Auckland |
| Parties | Ali v AAA Parts & Auto Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Respondent claimed applicant given three warnings before dismissed - Warning process unfair - First warning did not discuss specific problems or targets - Second warning described as three month review and stated applicant being given last chance - Told would be reviewed again in three months - Third warning claimed behaviour had not changed - No meetings before warnings issued and nothing put to applicant - Warnings in nature of dressing down" but not told specifics or how to improve - No opportunity to respond - Warnings unjustified - On day of dismissal, respondent waited for applicant at opening time then told him no longer employed - Failed to follow minimal procedural requirements - Although background of general tension, evidence did not establish respondent's allegations - Unable to say dismissal substantively justified - Dismissal unjustified - Work permit required applicant work for specific employer - Respondent contacted Immigration Service when applicant "threatened to take [it] to court" over dismissal and arrears - Respondent entitled to contact Immigration Service but improper motive - Intended to hinder applicant exercising statutory rights - Mechanic" |
| Result | Application granted ; Reimbursement of lost wages (15 weeks) ; Arrears of wages (3 days) ; Arrears of holiday pay (3 weeks) ; Compensation for humiliation etc ($4,000) ; No order for costs |
| Main Category | Personal Grievance |
| Cases Cited | Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 6 |
| PDF File Link: | aa 103_07.pdf [pdf 36 KB] |