| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 85/10 |
| Hearing date | 27 Jan 2010 |
| Determination date | 08 April 2010 |
| Member | P Montgomery |
| Representation | M Sinclair ; S Thomas |
| Location | Invercargill |
| Parties | Sands v Waverly Services Ltd t/a Challenge Glengary |
| Summary | UNJUSTIFIED DISMISSAL – Poor performance – Applicant claimed unjustified dismissal – Respondent claimed dismissal resulted from applicant’s inability to operate software package used in business – Respondent claimed problems experienced by applicant led to respondent spending considerable time after hours tracing and fixing errors – Respondent claimed applicant had significant difficulty doing daily balances – Respondent discovered significant errors in processing invoices – Applicant subsequently dismissed – Authority found no formal process instigated to provide applicant period to improve – Found respondent failed to act as fair and reasonable employer – Dismissal unjustified – REMEDIES – No contributory conduct – Applicant sought reimbursement of lost wages – Found employment relationship unlikely to continue for more than one month following expiry of notice period – Reimbursement of four weeks wages appropriate – Found applicant suffered detriment and fall in confidence following dismissal – $2,500 compensation appropriate – COSTS – Successful personal grievance claim – Length of investigation meeting not specified – Costs in favour of applicant – Office administrator |
| Result | Application granted ; Reimbursement of lost wages (4 weeks wages) ; Compensation for humiliation etc ($2,500) ; Costs in favour of applicant ($750) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Trotter v Telecom Corporation of New Zealand Ltd [1993] 2 ERNZ 659;Ramankutty v Vice-Chancellor of the University of Auckland unreported, Goddard CJ, 25 Oct 2001 AC 53B/01 |
| Number of Pages | 7 |
| PDF File Link: | ca 85_10.pdf [pdf 26 KB] |