| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 27/08 |
| Hearing date | 11 Mar 2008 |
| Determination date | 14 March 2008 |
| Member | D Asher |
| Representation | R Thompson ; D Caddick |
| Location | Christchurch |
| Parties | Smith v Blighs Road Service Stations (1989) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Poor performance – Applicant had eye disability affecting vision – After three weeks employment, respondent contacted applicant regarding errors in processing customer payments causing financial loss to respondent – Disability caused payment errors – Conflict in evidence - Applicant claimed dismissed despite protests that could obtain contact lenses which may correct vision – Respondent argued put errors to applicant and applicant replied could not handle position - Respondent claimed applicant requested new position without responsibility of customer payment but declined alternative position as had no vacancy – Common ground that applicant worked out one week notice period without customer payment duties – Respondent’s evidence preferred – Authority found applicant unable to cope with demands of position – Found significant changes in applicant’s recollection of key events – Found respondent’s agreement to employ applicant in lesser role for one week not consistent with applicant’s allegations – Found applicant resigned position that effectively unable to perform – No dismissal – Forecourt manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | NZ Food Processing IUW v Unilever [1990] 1 NZILR 35;White v Auckland District Health Board, unreported, Colgan CJ, 23;February 2007, AC 10/07 |
| Number of Pages | 7 |
| PDF File Link: | ca 27_08.pdf [pdf 25 KB] |