| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 85/07 |
| Hearing date | 18 Dec 2006 |
| Determination date | 28 May 2007 |
| Member | P R Stapp |
| Representation | G O'Sullivan ; M Quigg & D Marshall |
| Location | Wellington |
| Parties | Binnie v Meteorological Service of New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Employment ended when applicant failed to meet precondition of employment - Required to complete university Graduate Diploma in Meteorology as part of respondent's formal training programme - Respondent advised by university applicant would receive fail" grade for research project, although on aggregate would receive diploma - Previously warned if failed would be dismissed - Parties met to discuss options for continued employment - Dismissal on notice confirmed and applicant given option of resigning - Further negotiations did not resolve issue and applicant removed from payroll - Final grade for research project not received until after investigation meeting - Requirement applicant pass research project clear - Letter from supervisor not confirmation of result but open to respondent to rely on it - Respondent not provided with university's letter before meeting but not disadvantaged as had advance notice of contents - Applicant's allegation dismissal predetermined rejected - However, fair and reasonable employer would have provided applicant reasonable time to formally confirm results and consider whether to appeal grade - Other options existed for further training or deployment - Dismissal unjustified - Employment agreement not proper fixed term agreement as no provision on how it would end - Applicant entitled to lost wages as some presumption of continuing employment in role with wages at appropriate rate - Respondent had increased salary at completion of Diploma to avoid prejudice, but training salary to be used to calculate remedies - Trainee meteorologist" |
| Result | Application granted ; Reimbursement of lost wages ($3,905.66) ; Compensation for humiliation etc ($9,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 15 |
| PDF File Link: | wa 85_07.pdf [pdf 75 KB] |