| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 13/09 |
| Hearing date | 1 Oct 2008 |
| Determination date | 19 January 2009 |
| Member | L Robinson |
| Representation | C Bennett ; B Humphreys |
| Location | Auckland |
| Parties | Keit v Picone Group Australasia Pty Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant supervised by manager from Australia – Respondent telephoned applicant to discuss database updates and communication – Applicant conceded on two occasions failed to despatch respondent’s database properly but agreed to improve – Applicant received “second official warning” for poor performance – Applicant emailed respondent and argued had issues with respondent’s communication and expense reimbursement – Manager advised applicant communicate with him directly – Also stated applicant’s performance unacceptable, however, wanted to put past behind them – Three days later applicant emailed manager explained was sick and would not attend work – Next day applicant summarily dismissed by email for failure to improve performance – Applicant claimed no formal warning – Authority found respondent discussed applicant’s performance and first warning given during telephone conversation – Authority found not fair to dismiss applicant in circumstances – Found applicant not given “every opportunity to improve” or that respondent could conclude applicant failed to improve – Authority not persuaded any serious failings by applicant between second warning and dismissal – Also found no opportunity to respond before dismissal – Dismissal unjustified – Remedies – No contributory conduct – Applicant entitled to reimbursement of lost wages – $5000 compensation appropriate – Sales executive |
| Result | Applicant granted ; Reimbursement of lost wages ($9,940.00) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Number of Pages | 5 |
| PDF File Link: | aa 13_09.pdf [pdf 24 KB] |