| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 266/08 |
| Hearing date | 14 Jul 2008 |
| Determination date | 23 July 2008 |
| Member | V Campbell |
| Representation | G Bourke (in person) ; J Bunnik (in person) |
| Location | Hamilton |
| Parties | Bourke v Bunnik |
| Summary | UNJUSTIFIED DISMISSAL – Poor performance – Applicant employed on fixed term agreement to work on respondent’s farm - Respondent claimed applicant incompetent despite supervision and instructions - Applicant claimed no proper training and unrealistic expectations – Applicant given dismissal letter containing instances where failed to meet requirements - Authority found no notice or warnings given which expressed dissatisfaction with performance so applicant could respond and improve – Procedurally unfair – Dismissal unjustified – Remedies – Applicant sought reimbursement of wages from date of dismissal until end of agreement – Found alternative employment one week after dismissal – Awarded one week’s lost wages ($398.47) plus interest – Applicant claimed compensation for hurt and humiliation – Considering short tenure of employment and fact applicant took job knowing would be difficult, award of $1,500 compensation appropriate - ARREARS OF WAGES – Not disputed applicant not paid for two weeks of employment – Respondent claimed waiting for applicant to provide timesheets – Authority not satisfied applicant aware of obligation to provide timesheets – Applicant entitled to payment of wages of $796.95 plus interest – Farm Assistant |
| Result | Application granted (dismissal) ; Reimbursement of lost wages ($398.47) ; Compensation for humiliation etc ($1,500) ; Arrears of wages ($796.95)(2 weeks) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA Schedule 2 clause 11 |
| Cases Cited | Trotter and Telecom Corporation of New Zealand Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 6 |
| PDF File Link: | aa 266_08.pdf [pdf 32 KB] |