Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 197/02
Hearing date 1 Jul 2002
Determination date 04 July 2002
Member WRC Gardiner
Representation J Pebbles ; A Drake
Location Auckland
Parties Vorstman v Schering-Plough Ltd
Summary UNJUSTIFIED DISMISSAL - Poor performance - Series of complaints about customer service skills - Final complaint resulted in customer banning access of applicant - Meetings held - Opportunity to explain given - Applicant informed of seriousness of meetings - Failure to notify of representative entitlement not fatal to fairness - Applicant sufficiently experienced not to need representative - Complaints impacted severely on respondent's business - Dismissal procedurally fair and substantively justified - Salesperson
Result Application dismissed ; Costs reserved
Cases Cited Drummond v Coca Cola Bottlers NZ [1995] 2 ERNZ 229;NZ Nurses Union v Elizabeth Memorial Home [1983] ACJ 201;Phipps v New Zealand Fishing Industry Board [1996] 1 ERNZ 195;Tupu v Romano's Pizzas (Wellington) Ltd [1995] 2 ERNZ 266
Number of Pages 12
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