| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 244/10 |
| Hearing date | 27 May 2008 - 13 Oct 2008 (3 days) |
| Determination date | 24 May 2010 |
| Member | L Robinson |
| Representation | TR Tahmer (in person) ; D Organ |
| Location | Auckland |
| Parties | Thamer v Electronic Company of New Zealand (1971) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor Performance - Three days into applicant’s employment serious concerns raised about applicant’s skill level - Respondent concluded applicant did not possess fundamental skills and abilities to perform job - Respondent concluded applicant’s skill and knowledge contrary to representations in curriculum vitae and therefore truthfulness of representations in doubt - Applicant invited to disciplinary meeting to discuss concerns - Letter stated disciplinary action, including dismissal, was option and applicant entitled to bring representative or support person - At meeting applicant provided brief and general denials of matters of concern to respondent - Applicant claimed would pursue legal action against respondent - Applicant claimed bullied and harassed by respondent but no details provided - Applicant summarily dismissed - Found applicant made specifically aware of respondent’s concerns and that respondent wanted him to address those concerns - Found applicant gave no response to specific concerns asked to address - Found reasonable for respondent to form conclusion it did about applicant’s suitability for continued employment - Found respondent justified in concluding applicant did not possess fundamental skills and abilities to perform job - Found reasonable for respondent to conclude, based on observations of performance, applicant did not have skills and knowledge represented in curriculum - Found not situation of remedying poor performance - Found was fundamental misrepresentation of skills and knowledge that rendered continued performance of employment untenable - Found respondent’s actions those of fair and reasonable employer in the circumstances - Dismissal justified - Oracle Database Administrator |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 5 |
| PDF File Link: | aa 244_10.pdf [pdf 24 KB] |