| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 171/07 |
| Hearing date | 12 Jun 2007 |
| Determination date | 12 June 2007 |
| Member | V Campbell |
| Representation | D Mosen (in person) ; S Clews |
| Location | Auckland |
| Parties | Mosen v Anfield Engineering Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Triangular employment relationship - Respondent contracted to company (C") and undertook work at C's direction - Applicant employed on short fixed term agreement - Agreement included motel accommodation - Supervisor ("R") concerned about applicant's skill level and provided assistance - Applicant not made of aware of concerns - C's foreman raised concerns about quality of applicant's welding work asked him to complete welding "test" - Applicant unaware was a test - C's supervisor told R work not to acceptable standand and applicant not to undertake further work - One week after commenced employment R told applicant had not passed test and had to be "let go" - Advised of opportunity to work at different site - Applicant insisted on meeting to discuss situation - At meeting agreed applicant would undertake further work trial - Applicant discovered bags packed when returned to motel before trial - Applicant accepted offer of work out of town and left - Respondent claimed employment abandoned - Applicant not warned of poor performance or given specific information on problems and clear steps on improvements needed before dismissed - Procedural fairness absent - Dismissal substantively and procedurally unjustified - Unjustified dismissal quickly rescinded at instigation and agreement of applicant - Change in accomodation arrangements result of miscommunication - Applicant's actions in leaving town without notice and without completing trial led Authority to conclude applicant left of own accord - Contingent on applicant to stay and complete trial - Overturning of dismissal and agreement by applicant to undergo trial cured respondent's previous failures" |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Rankin v Attorney-General in Respect of the State Services Commissioner [2001] 1 ERNZ 476;Trotter v Telecom Corporation of New Zealand [1993] 2 ERNZ 659 |
| Number of Pages | 6 |
| PDF File Link: | aa 171_07.pdf [pdf 31 KB] |