| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 59/02 |
| Hearing date | 24 May 2002 |
| Determination date | 12 June 2002 |
| Member | H Doyle |
| Representation | A McKenzie ; J Delore |
| Location | Christchurch |
| Parties | Gilbert v Garden City Carpets (1997) Ltd t/a Carpet City |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Dismissed while on trial period - Alleged misrepresented skills, ability and experience at job interview - No misrepresentation - Admitted at interview that no experience in industry - Accepted had difficulty with some tasks but given good reports in other areas - Not informed of customer complaints made against him - Dismissal completely unexpected - Required to unequivocally warn applicant of performance issues and that employment may be terminated - No warnings given - Credibility - Applicant's evidence preferred - Procedurally unfair - Dismissal unjustified - Carpet salesman |
| Result | Application granted ; Reimbursement of lost wages ($6,000)(3 months) ; Compensation for humiliation etc ($2,800) ; Costs reserved |
| Statutes | ERA s67 |
| Cases Cited | Nelson Air Ltd v New Zealand Airline Pilots Association [1994] 2 ERNZ 665;Slater t/a Carpet North v Smith [1994] 1 ERNZ 869 |
| Number of Pages | 6 |
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