| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 308/07 |
| Hearing date | 23 Apr 2007 - 29 May 2007 (2 days) |
| Determination date | 04 October 2007 |
| Member | V Campbell |
| Representation | T Oldfield ; P Swarbirck |
| Location | Auckland |
| Parties | Evans v Fletcher Distribution Ltd t/a Placemakers Mt Wellington |
| Summary | UNJUSTIFED DISMISSAL - Poor performance - Applicant dismissed following written warning for performance and absenteeism - Credibility finding in favour of respondent - Newly created role - Job description and induction process adequate - Authority satisfied manager not a bully - Respondent concerned with applicant’s performance and attendance - Improvement plan agreed on and applicant warned if did not improve further action could be taken, but no timeframe given - Further absences - Upon return, respondent outlined concerns regarding absenteeism and applicant’s secondary employment - Also concerned by report applicant encouraged other employees to take personal grievances against respondent in anticipation of payout and purportedly told staff he was in for large payout due to disciplinary process - Dismissed after meeting for failure to improve and because of comments regarding potential payout - More likely than not applicant told staff he intended to obtain exit package - Conduct did not demonstrate receptive efforts to assist performance, although had shown some improvement - Authority not satisfied events sufficiently grave to require immediate dismissal - Dismissal unjustified - Remedies - Applicant sought reinstatement - Not practicable - Applicant had delayed seeking reinstatement and position filled - Also, tenure more tenuous as subject to written warning - Failure to mitigate loss - Taking pay in lieu of notice into account, entitled to two months lost wages and lost benefits - Common ground applicant liked to antagonise manager - Contributory conduct 50 percent - Authority satisfied respondent had addressed procedure for dealing with performance issues - Recommendation not necessary - Account manager |
| Result | Application granted ; Reimbursement of lost wages and benefits (1 month) ; Compensation for humiliation etc ($5,000 reduced to $2,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s123(1)(ca) |
| Number of Pages | 17 |
| PDF File Link: | aa 308_07.pdf [pdf 69 KB] |