| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 310/09 |
| Hearing date | 25 Aug 2009 |
| Determination date | 31 August 2009 |
| Member | R A Monaghan |
| Representation | PE Faalavaau (Applicant in person) ; K Hughes |
| Location | Auckland |
| Parties | Faalavaau v Stonex Systems Ltd |
| Summary | UNJUSTITIED DISMISSAL – Poor performance – Respondent argued applicant did not follow documented procedures – Respondent alerted applicant to number of basic clerical errors in informal setting – Applicant continued making mistakes and meeting held – Applicant told position at risk if mistakes continued – Applicant raised concerns about treatment by officer manager – Applicant’s performance did not improve and further meeting held at which similar discussion occurred – Chamber of Commerce representative attempted to provide assistance in communicating constructive criticism to applicant – Applicant requested mediation to address issues with office manager – Disciplinary meeting held and termination of employment agreed – Record set out terms discussed including agreed resignation – Applicant claimed agreed to dismissal not resignation – Applicant refused to sign settlement document – Applicant did not return to work and sought reasons for dismissal – Respondent argued applicant resigned employment – Authority found refusal to sign settlement document cancelled oral agreement – Employment relationship had not ended – No dismissal – Found no remedy available to applicant – Part time office assistant |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 6 |
| PDF File Link: | aa 310_09.pdf [pdf 22 KB] |