| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 219/07 |
| Hearing date | 27 Jun 2007 |
| Determination date | 26 July 2007 |
| Member | R A Monaghan |
| Representation | B Panovski (in person) ; E Steers |
| Location | Auckland |
| Parties | Panovski v Marine Trimmers & All Awnings Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Poor performance – Respondent received written complaint from customer about applicant’s work – At performance review respondent raised client complaint and general problem of time taken to complete jobs – Applicant incorrectly alleged false calculation of holiday pay which led to bad feelings in workplace – Applicant arrived late to work one day without authority or contact, causing a job to be delayed – Respondent received second customer complaint about applicant’s work – Customer sought repayment of deposit and withdrew future custom – Applicant took week unauthorised leave without notifying respondent – Respondent surprised by applicant’s return on following week as thought resigned – Respondent questioned absence and raised second client complaint – Respondent claimed applicant then resigned – Applicant claimed was dismissed – Applicant’s evidence preferred – Respondent later sent dismissal letter to applicant, stating poor performance – Authority found not made clear to applicant in first performance meeting that employment in jeopardy – Nor any indication of what improvement required and how it would be measured – Applicant not given time to respond to second client complaint prior to dismissal – Dismissal meeting undermined by respondent’s belief that employment relationship already over – Respondent obliged to reconsider decision in light of explanation of absence – Dismissal unjustified – Remedies – Reimbursement 3 months lost wages – Fifty percent contributory conduct – Applicant’s explanations for poor performance inadequate – Damages for humiliation etc awarded - Canvas fabricator and marine trimmer |
| Result | Application granted ; Lost remuneration ($8,550 reduced to $4,225) (3 months) ; Compensation for humiliation etc $1,000 |
| Main Category | Personal Grievance |
| Cases Cited | Ramankutty v Vice Chancellor of the University of Auckland, unreported, 25 October 2001, AC 53B/01 |
| Number of Pages | 7 |
| PDF File Link: | aa 219_07.pdf [pdf 26 KB] |