| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 75/10 |
| Hearing date | 7 Dec 2009 |
| Determination date | 17 February 2010 |
| Member | K J Anderson |
| Representation | A Quaife (in person) ; G Malone |
| Location | Hamilton |
| Parties | Quaife v Affco New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant claimed dismissal unjustified - Respondent claimed applicant employed subject to two month trial period - Claimed trial period allowed for termination within two months if performance unsatisfactory - Applicant had no experience as stock truck driver so respondent arranged further training - Respondent received request from one of its agents not to send applicant to their clients due to lack of stockmanship - Several incidents with stock occurred and with applicant’s inability or refusal to follow loading plan - Applicant ‘s manager informed applicant employment not going to work out and applicant could work out week and then finish up - Applicant believed had been dismissed - Found no mutual agreement to terminate employment - Found applicant dismissed - Found respondent did not make applicant aware of shortcomings, advise about necessary improvement, and give warning of consequences if expectations not met - Found instead respondent told applicant things not working out and applicant could work out week and finish up - Found applicant entitled to fair warning, before trial period ended, that employment would be coming to end - Found total failure by respondent to recognise established legal principles and terms of employment agreement relating to trial period - Respondent’s actions not those of fair and reasonable employer - Dismissal unjustified - Remedies - Found applicant could have done more to resolve matters and declined reemployment offer - 50 percent contributory conduct - Applicant sought reimbursement of lost wages for 17 weeks - Found given applicant’s difficulty in accepting proven loading plan unlikely would have been permanently employed even if full trial period completed - Found balance of trial period, being four weeks, payable as reimbursement of lost wages - Applicant provided no evidence to support claim for $10,000 compensation - Found applicant displayed very robust, forthright and confident characteristics - Found no evidence that dismissal affected applicant to any degree warranting compensation - No compensation awarded - Stock Truck Driver |
| Result | Application granted ; Reimbursement of lost wages ($3040 reduced to $1,500) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s67(1)(b);ERA s103A;ERA s124 |
| Cases Cited | Nelson Air Ltd v NZ Air Line Pilots Assn IUOW [1992] 1 ERNZ 632 |
| Number of Pages | 11 |
| PDF File Link: | aa 75_10.pdf [pdf 35 KB] |