| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 234/10 |
| Hearing date | 16 Feb 2010 |
| Determination date | 19 May 2010 |
| Member | V Campbell |
| Representation | G Te Awa (in person) ; A Nolan |
| Location | Hamilton |
| Parties | Te Awa v Cross Country Rentals Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Poor performance – Applicant claimed dismissal unjustified as not warned of poor performance and respondent’s expectations – Respondent argued dismissal justified – Alternatively argued dismissal justified for redundancy – Applicant subject to three month trial period pursuant to employment agreement (“EA”) – Respondent notified applicant of poor performance throughout employment relationship – Applicant provided sufficient training when employment commenced – No formal warnings given – Applicant dismissed one month after trial period expired – Authority found no record of warnings for poor performance or notified position in jeopardy – Found no evidence of genuine redundancy – Found dismissal for poor performance not redundancy – Found dismissal unjustified – REMEDIES – Found 50 percent contributory conduct as applicant aware of performance expectations however consistently failed to meet standard – Found $3,000 compensation appropriate as applicant did not specify amount claimed and no evidence of alleged abuse by respondent – Reimbursement of three months lost wages and one month pay in lieu of notice – COSTS – Applicant on entitled to filing as fee as self represented - Maintenance Person |
| Result | Application granted ; Reimbursement of lost wages ($4,640 reduced to $2,320) ; Compensation for humiliation etc ($3,000 reduced to $1,500) ; Disbursements in favour of applicant ($70)(Filing fee) ; No costs award |
| Main Category | Personal Grievance |
| Statutes | ERA s67;ERA s103A;ERA s128(2) |
| Cases Cited | Air New Zealand v Hudson [2006] 1 ERNZ 415;Toll New Zealand Consolidated Ltd v Rowe unreported, 19 December 2007, Shaw J, AC 39A/07;X v Auckland District Health Board [2007] 1 ERNZ 66 |
| Number of Pages | 6 |
| PDF File Link: | aa 234_10.pdf [pdf 25 KB] |