| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 134/02 |
| Hearing date | 8 May 2002 |
| Determination date | 10 May 2002 |
| Member | WRC Gardiner |
| Representation | L Campbell ; P Tremewan |
| Location | Auckland |
| Parties | Taylor v Review Publishing Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Whether dismissed or resigned - Meeting to discuss perceived shortcomings - Disputed whether given verbal warning - Alleged subsequently dismissed due to redundancy - Business subsequently closed - Claimed tendered resignation when performance issues raised - Accepted resignation following failure to reach performance standards - Resignation required to be in writing - No resignation - Dismissal terminated at respondent's initiative - Dismissal unjustified - ARREARS OF HOLIDAY PAY - Alleged failure to pay holiday pay on commission payments - Acknowledged payment due and owing - CONSENT ORDER - Respondent to provide certificate of service - Account manager |
| Result | Application granted ; Reimbursement of lost wages ($3,750)(One month) ; Compensation for humiliation etc ($3,000) ; Arrears of holiday pay (Quantum reserved) ; Consent order granted ; Costs reserved |
| Cases Cited | Coca-Cola Amatil (NZ) Ltd v Kaczorowski [1998] 1 ERNZ 264;Northern Clerical etc Union v Emery Customs Brokers NZ Ltd [1990] 1 NZILR 634 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |