| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 43/07 |
| Hearing date | 28 Nov 2006 |
| Determination date | 12 April 2007 |
| Member | P Cheyne |
| Representation | P Troon ; R Gibson |
| Location | Christchurch |
| Parties | Pegram v Heritage Productions Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Applicant subject to one month probationary period - Despite respondent's knowledge of performance difficulties, applicant's trial period ended without it marking occasion - Applicant became permanent employee - Later respondent purported to extend trial period - At end of extended trial, applicant told no further employment being offered - No written employment agreement - Respondent claimed thought agreement did not need to be provided until applicant confirmed as permanent at conclusion of trial - Letter extending trial a unilateral attempt to vary contractual position and ineffective - Performance concerns not raised with applicant before dismissal - Respondent fell short of requirements of procedural fairness - Summary dismissal not appropriate in absence of serious misconduct - Dismissal unjustified - Remedies - Applicant developed antagonism towards co-worker and resisted her assistance or supervision - Took advantage of managers' absence with poor work habits - Applicant's mistakes more extensive than she acknowledged - Contributory conduct 50 percent - Short duration of employment and relevant speed with which new job found taken into consideration when awarding compensation |
| Result | Application granted ; Reimbursement of lost wages ($2,887 reduced to $1,443.75) ; Compensation for humiliation ($1,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s67(1)(a);ERA s103A |
| Cases Cited | Bedford Investments Ltd v Northern Hotel etc IUOW [1990] 3 NZILR 487;NZ (with exceptions) Food Processing etc IUOW v Unilever New Zealand Ltd [1990];1 NZILR 35 |
| Number of Pages | 5 |
| PDF File Link: | ca 43_07.pdf [pdf 36 KB] |