| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 118/09 |
| Hearing date | 10 Jul 2009 |
| Determination date | 30 July 2009 |
| Member | J Crichton |
| Representation | R Thompson ; M Mackay |
| Location | Christchurch |
| Parties | Allott v Super Value Cars Ltd |
| Summary | UNJUSTIFIABLE DISADVANTAGE – Applicant claimed respondent’s failure to pay wages on time caused disadvantage – Respondent argued no disadvantage because delay minimal - Applicant’s wage cheques were dishonoured for insufficient funds on several occasions – Authority found delay in wage payments caused applicant disadvantage – Found no evidence disadvantage unjustified given delay minimal and respondent operating under economic recession – No disadvantage - UNJUSTIFIABLE DISMISSAL – Poor performance - Applicant claimed dismissal substantively unjustified – Respondent argued applicant dismissed for refusal to perform work duties – Respondent employed applicant as handyman/car groomer, however, job description not in employment agreement – Respondent claimed applicant refused to perform handyman duties because applicant believed correct position was salesperson – Respondent sent applicant numerous memorandums outlining dissatisfaction with applicant’s performance, expectations applicant needed to meet, and financial problems respondent faced if duties not performed – Fifth memorandum issued final warning notifying possibility of summary dismissal – Final meeting held three months later - Parties discussed applicant’s performance and respondent concluded applicant’s explanations inadequate – Applicant dismissed – Authority found respondent should have documented applicant’s job requirements – Found respondent took reasonable steps to notify applicant performance unsatisfactory - Found performance management processes implemented through memorandums – Found applicant failed to perform required duties without reasonable explanations – Dismissal justified – COSTS – Costs to lie where they fall - Handyman/Car groomer |
| Result | Applications dismissed ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Number of Pages | 8 |
| PDF File Link: | ca 118_09.pdf [pdf 30 KB] |