| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 105/09 |
| Hearing date | 4 Feb 2009 |
| Determination date | 17 July 2009 |
| Member | P Montgomery |
| Representation | R Thompson ; A Roberts |
| Location | Christchurch |
| Parties | Paterson v Roberts t/a Robbie's Cranford |
| Summary | UNJUSTIFIED DISMISSAL – Poor performance - Applicant claimed unjustifiably dismissed – Respondent argued applicant subject to trial period and dismissal justified for poor performance – Applicant initially employed as chef and subsequently offered manager position – Applicant required to undertake one week’s training, however, training lasted four weeks as applicant unable to accurately follow instructions and made recurring mistakes – Respondent advised applicant mistake to employ applicant as manager and offered applicant chef position – Applicant declined offer - Parties made settlement agreement to terminate employment relationship – Applicant claimed employment not subject to trial period – Claimed not warned about purpose of meeting and not given notice employment at risk – Authority found employment agreement (“EA”) provided applicant subject to trial period – Found dismissal was for poor performance in role of manager – Found accord and satisfaction between parties at time of dismissal to settle matters relating to termination – Found procedural deficiencies as applicant not notified of purpose of meeting and not notified employment at risk – Found respondent failed to meet obligations in EA – Respondent did not advise applicant reasons for dissatisfaction with performance, what improvements required, and period of time improvement to be achieved - Dismissal unjustified – REMEDIES – No contributory conduct - Authority declined award for remuneration of lost wages as probable applicant would have been dismissed even if proper procedures followed – Gave weight to applicant’s decline of alternative position and settlement agreement – Found $1,000 compensation appropriate – Site Manager |
| Result | Application granted ; Compensation for humiliation ($1,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Waitakere City Council v Ioane [2004] 2 ERNZ 194 |
| Number of Pages | 9 |
| PDF File Link: | ca 105_09.pdf [pdf 40 KB] |