| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 131/07 |
| Hearing date | 13 Feb 2007 |
| Determination date | 30 April 2007 |
| Member | M Urlich |
| Representation | M Nutsford ; P Tremewan |
| Location | Auckland |
| Parties | Taylor v Review Publishing Co Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Applicant claimed when accepted role made it clear would need support - Neither party rigorously assessed applicant's skills or experience to fulfil role - Applicant subject to probationary period - Respondent concerned about performance - Suggested applicant move from editor to freelance writer - Submitted applicant relieved and said he had thought about leaving - Described meeting as amicable - Applicant claimed considered leaving if next publication did not improve - No evidence to support respondent's contention applicant agreed to resign to accept freelance work - Respondent initiated end of employment - Applicant's response understandable in situation - Applicant dismissed - Respondent failed to meet barest standards of fair and reasonable conduct - Dismissal unjustified - Remedies - Respondent failed to draw performance concerns to applicant's attention or comply with terms of probationary period - However, Authority accepted respondent had serious concerns about performance and applicant acknowledged to a degree floundered in role - Contributory conduct 25 percent applied to lost wages only - Editor |
| Result | Application granted ; Reimbursement of lost wages (10 weeks reduced to 6) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | aa 131_07.pdf [pdf 37 KB] |