| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 269/07 |
| Hearing date | 5 Jun 2007 |
| Determination date | 30 August 2007 |
| Member | Y S Oldfield |
| Representation | C Bennett ; J Wickes |
| Location | Auckland |
| Parties | Williams v Camira Furniture Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - No written employment agreement - Respondent claimed applicant unprofessional, not maintaining relationships with clients and failed to generate business - Respondent claimed had not repaid monies for charge to company account and excessive personal use of internet - Also crashed and impounded company car - Two meetings held to discuss behaviour and performance - Applicant dismissed after second meeting - Applicant claimed viewed feedback given at meeting part of training process and not told employment at risk - Respondent accepted not clear that meetings were disciplinary - Authority found applicant not given opportunity to be heard or rectify alleged poor performance - Applicant should have been told employment in jeopardy and given clear and specific warnings - Also found respondent did not establish at time that behaviour towards clients as bad as alleged - Respondent claimed applicant failed to repay personal expenditure owing, despite negotiations - Reasonable for respondent to expect repayment, however not made clear that failure to repay would result in dismissal - Dismissal unjustified - Respondent claimed probationary employment term expired - Authority found parties had agreed on 6 month probationary period, however term ineffective because not in writing - Authority found penalty claimed by applicant for unwritten employment agreement barred by 12-month time limit in s135(5) Employment Relations Act 2000 - REMEDIES - Authority found applicant started new employment prior to dismissal by respondent - Found applicant elected to start new job at reduced level of earning - No lost earnings flowed from dismissal - Authority found applicant embarrassed by unjustified dismissal - Contributory conduct 30 percent - Applicant to pay respondent for personal internet use and charge to company account - Salesperson |
| Result | Application granted ; Compensation for humiliation etc ($5,000 reduced to $3,500) ; Recovery of monies ($4,635) (Payable to respondent) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s65;ERA s67(1)(a);ERA s67(2);ERA s67(3);ERA s123;ERA s135(5) |
| Number of Pages | 8 |
| PDF File Link: | aa 269_07.pdf [pdf 29 KB] |