| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 10/10 |
| Hearing date | 19 Jan 2010 |
| Determination date | 27 January 2010 |
| Member | G J Wood |
| Representation | B Paradza ; M Aston |
| Location | Wellington |
| Parties | Ma'a v Brix n Blox Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant claimed unjustifiably dismissed without warning - Respondent claimed applicant’s work not up to expected standard and entitled to dismiss applicant in reliance on agreed trial period - Authority found parties had different views on how trial period operating - Found respondent failed in duty to inform applicant of performance concerns and provide opportunity for improvement - Found on one occasion issue raised, applicant changed behaviour - Found in clear absence of fair warning that employment in jeopardy dismissal unjustified - Found respondent not entitled to complain applicant’s work not up to standard when had not outlined concerns to applicant - Dismissal unjustified - Remedies - No contributory conduct - Found while applicant’s performance not up to expected standard not result of any blameworthy conduct - Not appropriate to categorise behaviour as blameworthy in absence of prior warnings - Applicant found alternative employment five weeks after dismissal - $4,531 reimbursement of lost wages awarded - Authority accepted applicant suffered greatly due to sudden dismissal - However, applicant knew was on trial period and permanent employment not guaranteed - Authority would have awarded $5,000 compensation but for respondent’s impecunious state - Found respondent had better prospect of paying reimbursement of lost wages award if no compensation award made - General mason |
| Result | Application granted ; Reimbursement of lost wages ($4,531.81) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s67;ERA s67A |
| Cases Cited | Nelson Air Ltd v New Zealand Airline Pilots Association [1994] 2 ERNZ 665;Northern Clerical etc Union v Beachlands Engineering Ltd [1991] 3 ERNZ 1023 |
| Number of Pages | 7 |
| PDF File Link: | wa 10_10.pdf [pdf 27 KB] |