Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 189/02
Hearing date 24 May 2002
Determination date 20 June 2002
Member R A Monaghan
Representation G Gimblett ; G Brant
Location Auckland
Parties Exley v Presbyterian Support Services (Northern)
Summary UNJUSTIFIED DISMISSAL - Poor performance - Performance objectives revised on three occasions due to applicant's failure to meet them - Told on several occasions that failure to meet required standards could result in disciplinary action - Personal problems discussed and assistance offered - Failure by applicant to provide weekly reports as agreed - Written self-assessment of performance unsatisfactory to respondent - Required to attend disciplinary meeting two weeks after final performance review - Open consideration of applicant's responses - Warnings required prior to dismissal by written disciplinary policy - Discussions did not amount to formal warnings - Information given sufficient to notify that ongoing failure to perform could lead to dismissal - Conclusion that improvement unlikely was justified - No predetermination - Funding development manager
Result Application dismissed ; Costs reserved
Cases Cited Compass New Zealand Inc v Air New Zealand Ltd [1994] 1 ERNZ 687;Stimpson v Auckland Health Care Services Ltd t/a Auckland Health Care [1993] 2 ERNZ 614
Number of Pages 8
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