| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 196/09 |
| Hearing date | 28 Oct 2009 |
| Determination date | 12 November 2009 |
| Member | P Cheyne |
| Representation | G Abdinor ; S Townsend |
| Location | Christchurch |
| Parties | Sykes v HG Livingstone Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Incompatibility – Applicant invited to attend meeting to discuss employment issues – Meeting concluded with agreement to improve communication, build better relationship, facilitate communication about expectations, and applicant could access training and computer software – Applicant unaware of precarious position – Applicant advised no trust and confidence in skills and vision to manage mall and invited to take paid leave pending resolution of matters – Meeting held and redeployment discussed but only position available at substantially lower salary – No resolution reached at meeting – Applicant’s solicitor wrote to respondent proposing mediation – Respondent rejected mediation and advised applicant’s employment terminated – Respondent argued dismissal justified because took steps to assist applicant to meet requirements and consulted with applicant about removal from position – Authority found no evidence of steps taken to induct applicant of changes required – Found respondent not active and constructive in maintaining productive employment relationship and being communicative – Found respondent failed to convey performance concerns to applicant – Found respondent did nothing to improve relationship with applicant because already decided applicant should be removed – Found respondent breached good faith obligations – Dismissal unjustified – REMEDIES – No contributory conduct – $10,000 compensation appropriate – Award for future lost remuneration appropriate given age of applicant and difficulty in finding alternative employment – Mall manager |
| Result | Application granted ; Compensation for humiliation etc ($10,000) ; Award for future lost remuneration (3 months’ salary) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A)(b);ERA s4(1A)(c) |
| Cases Cited | Air New Zealand v V [2009] ERNZ 185;Ward v Spotless Services (NZ) Limited and ors unreported, P R Stapp, 6 August 2003, CA 87/03 |
| Number of Pages | 14 |
| PDF File Link: | ca 196_09.pdf [pdf 48 KB] |