| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 162/08 |
| Hearing date | 26 Feb 2008 |
| Determination date | 01 May 2008 |
| Member | R A Monaghan |
| Representation | L Pattullo ; T Skinner |
| Location | Auckland |
| Parties | Holt v Zealandia Marine Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Short term employment - Applicant advised of office administrator vacancy at respondent - Specifics of role not finalised - Both parties failed to realise applicant lacked required computer skills until she began work - Employment ended within a week after parties met to discuss performance - Respondent submitted employment ended by agreement, but applicant considered herself dismissed - No meeting of the minds - Respondent’s behaviour closed the door on possibility of embarking on performance management programme - Dismissal unjustified - Remedies - Contributory conduct - Applicant to take some responsibility for misappreciation of position, but although over optimistic, did not misrepresent her position - Authority accepted applicant not suitable for position and employment unlikely to have continued - PENALTY - Applicant sought penalty for respondent’s failure to provide job description with employment agreement - However, no provision for penalty for breach of section 65 Employment Relations Act 2000 - Office administrator |
| Result | Application granted (dismissal) ; Reimbursement of lost wages (1 month less wages received) ; Compensation for humiliation etc ($4,000) ; Application dismissed (penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s64(2);ERA s64(3);ERA s65(2)(ii);ERA s133 |
| Cases Cited | Wellington etc Clerical etc IUOW v Greenwich (1983) ERNZ Sel Cas 95; [1983] ACJ 965 |
| Number of Pages | 11 |
| PDF File Link: | aa 162_08.pdf [pdf 37 KB] |