| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 354/08 |
| Hearing date | 18 Jul 2008 |
| Determination date | 14 October 2008 |
| Member | D King |
| Representation | L Doyle (in person) ; P Walker |
| Location | Auckland |
| Parties | Doyle v Natural Tree Products Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Poor performance - Respondent’s director (“W”) received number of complaints about applicant’s attitude and conduct from clients and co-workers - One co-worker alleged applicant swore at him and used racist language - W claimed applicant given verbal warnings about conduct - Authority found what W believed to be verbal warnings were not - Applicant received verbal warning for failure to carry out stock take - W claimed applicant had confrontational attitude towards co-workers, plants were distressed and applicant had lied - W suspected applicant not performing all duties and her paperwork was inadequate - Authority found applicant was dyslexic but had not told W, although W suspected - W claimed concluded applicant had received a final warning about issues and that he could not tolerate her work habits continuing and so terminated her employment - Applicant claimed proper process not followed; applicant not asked to attend a meeting, given no notice regarding purpose of a meeting and not invited to have representative present - Respondent did not dispute no proper process followed - Respondent claimed was sufficient proof applicant guilty of serious misconduct which, if properly investigated, would have inevitably led to dismissal - Authority found was no procedural fairness - Dismissal unjustified - Remedies - Authority found applicant’s behaviour contributed to personal grievance - Finding of fifty percent contributory conduct - Compensation of $4,000 appropriate in circumstances; reduced to $2,000 - Authority found applicant made insufficient efforts to mitigate loss - Applicant also hospitalised for period after dismissal so unable to earn income - No award for lost remuneration - Authority noted respondent refused to attend directed mediation and participate in conference call - Respondent made number of comments asserting neither Mediation Service nor Authority independent bodies - Respondent wrote to an MP about dispute and referred to interference by Authority - Respondent made allegations that Authority had taken applicant’s position and been involved in compiling applicant’s responses to correspondence - Authority found comments and allegations unfortunate and unhelpful - Nursery/service person |
| Result | Application granted ; Compensation for humiliation etc ($4,000 reduced to $2,000) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Statutes | Employment Contracts Act 1991 |
| Number of Pages | 6 |
| PDF File Link: | aa 354_08.pdf [pdf 24 KB] |