| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 239/09 |
| Hearing date | 2 Jun 2009 - 3 Jun 2009 (2 days) |
| Determination date | 16 July 2009 |
| Member | A Dumbleton |
| Representation | S Mitchell ; A Scott-Howman |
| Location | Auckland |
| Parties | Kimber v New Zealand Fire Service |
| Summary | UNJUSTIFIED DISMISSAL – Poor performance – Applicant claimed employment agreement (“EA”) did not entitle respondent to dismiss applicant for failure to obtain prescribed qualification, therefore dismissal substantively unjustified – Respondent argued entitled to expect applicant proficient in certain skills and applicant’s failure to obtain prescribed qualification indicated applicant not proficient in those skills – Applicant repeatedly failed to obtain prescribed qualification which assessed applicant’s ability to wear and operate breathing apparatus in emergencies – Respondent advised applicant unable to perform duties if qualification not obtained – Applicant dismissed for poor performance – Authority found respondent used the attainment of prescribed qualification as objective performance assessment administered to applicant – Found respondent dismissed applicant for lacking particular attributes which respondent reasonably required of its trainers, namely proficiency in skills relating to the qualification – Found inappropriate for Authority to question why respondent adopted the qualification as part of their performance assessment process – Found applicant given reasonable opportunity to obtain qualification and demonstrate proficiency in required skills – Dismissal justified – Reinstatement declined – Training Officer |
| Result | Application dismissed ; Reinstatement declined ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s127 |
| Cases Cited | Graham v Airways Corporation of New Zealand [2005] ERNZ 587;Trotter v Telecom Corporation of New Zealand [1993] 2 ERNZ 659 |
| Number of Pages | 5 |
| PDF File Link: | aa 239_09.pdf [pdf 22 KB] |