| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 255/08 |
| Hearing date | 21 Mar 2008 : 24 Apr 2008 (2 Days) |
| Determination date | 17 July 2008 |
| Member | V Campbell |
| Representation | B Nabney ; R Harrison |
| Location | Tauranga |
| Parties | Wahiapu v Te Whare Hauora O Ngati Kahu 2000 (Ki Tauranga) Inc |
| Summary | UNJUSTIFIED DISMISSAL – Authority noted matter extremely protracted – Applicant employed part-time by respondent, a non-profit incorporated society – Manager (“H”) concerned with applicant’s skills levels and poor performance – Conflict in evidence – H advised applicant that re-evaluating functions of all employees and looking to restructure applicant’s position – At same meeting, applicant claimed H said applicant could be dismissed for poor performance or take receptionist role - H claimed offered applicant receptionist role but did not warn of dismissal for poor performance – Authority found H indicated applicant may no longer have job, but that this would follow potential restructuring – Applicant refused receptionist role – Applicant subject to pre-scheduled performance assessments – Applicant claimed H gave month’s notice that employment to end – H claimed gave applicant one month to improve performance, and within month applicant resigned - Co-worker (“B”) gave evidence saw applicant packing things and applicant said leaving – B said surprised as not aware applicant given notice of dismissal – Authority found applicant not dismissed – Found subject to performance assessment process which identified areas and timeframes for improvement – Found applicant given one month to show improvement, which had not elapsed before applicant resigned – Application dismissed - Finance administrator |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | aa 255_08.pdf [pdf 26 KB] |