| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 117/02 |
| Hearing date | 17 Apr 2002 |
| Determination date | 24 April 2002 |
| Member | Y S Oldfield |
| Representation | B Lyons ; Starrenburg |
| Location | Auckland |
| Parties | Brown v Custombuilt Brushware Distributors Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Serious misconduct - Letter of termination alleged low level of sales rendering employment unprofitable - No opportunity to respond - Alleged at hearing that applicant used respondent's fax and phone to conduct other business - Knew of second allegation at time of dismissal - Dismissal on basis of poor performance not justified - No notice that employment in jeopardy because of poor performance - Failure to put allegations to applicant rendered dismissal procedurally unfair - Dismissal unjustified - Failure to disclose extra business activity amounted to breach of employment contract - Contributory conduct 40 percent - Significant to contributory conduct that applicant's failure to disclose known to respondent at time of dismissal - ARREARS OF HOLIDAY PAY - Entitled to 6 percent of total earnings less 5 days already taken, less holiday pay received on termination - Sales manager |
| Result | Application granted ; Reimbursement of lost wages ($12,500 reduced to $7,500) ; Compensation for humiliation etc ($4,000 reduced to $2,400) ; Arrears of holiday pay (Quantum to be determined by parties) ; Costs reserved |
| Cases Cited | Ark Aviation Ltd v Newton [2001] ERNZ 133 |
| Number of Pages | 6 |
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