| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 149/02 |
| Hearing date | 2 May 2002 |
| Determination date | 22 May 2002 |
| Member | K J Anderson |
| Representation | S Menzies ; P Skelton |
| Location | Auckland |
| Parties | Fuller v Prime Television |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Failure to meet budget targets - Verbal and written warnings given - Opportunity to improve given - Dismissed at final meeting without opportunity to respond - Dismissal substantively justified but procedurally unfair - Failure to provide opportunity to respond made dismissal unjustified - Remedies - Inappropriate to award reimbursement of wages - COSTS - Circumstances of case meant costs should lie where they fall - Sales executive |
| Result | Application granted ; Compensation for humiliation etc ($1,000) ; Cost to lie where they fall |
| Statutes | ERA s123 |
| Cases Cited | Nelson Air Ltd v New Zealand Airline Pilots Association [1994] 2 ERNZ 665;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 ; ERNZ Sel Cas 582;Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |