| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 233/09 |
| Hearing date | 7 Jul 2009 |
| Determination date | 16 July 2009 |
| Member | V Campbell |
| Representation | J Dunlop (Applicant in person) ; C Revfem |
| Location | Auckland |
| Parties | Dunlop v Envirostate Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Poor performance – Applicant subject to three month trial period – Applicant’s performance reviewed at one month point and was dismissed – Applicant claimed dismissal unjustified – Respondent failed to provide performance targets to applicant at one month review – Authority found no examples of how applicant could improve performance given at one month review – Applicant sought legal advice as recommended by respondent – Applicant informed respondent of obligations under Employment Relations Act 2000 – Respondent outlined performance issues and retracted dismissal – Applicant responded to performance concerns – Respondent argued applicant merely provided excuses – Respondent suggested ways to improve performance – Parties failed to negotiate exit package - Authority found respondent did not act fairly in bringing applicant’s employment to end during trial period – Dismissal unjustified – REMEDIES – Respondent destroyed trust and confidence with premature dismissal – Applicant’s employment would not be confirmed at end of trial period – Applicant paid up until end of trial period – No lost wages – No reimbursement of lost benefits being company car – Company car only available after successful completion of trial period – No profit share – Termination caused hurt and humiliation – Employment for short time – $3,000 compensation appropriate – Sustainable education program manager |
| Result | Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Nelson Air Ltd v NZALPA [1992] ERNZ 632 |
| Number of Pages | 7 |
| PDF File Link: | aa 233_09.pdf [pdf 29 KB] |