| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 203/02 |
| Hearing date | 4 Jun 2002 |
| Determination date | 10 July 2002 |
| Member | R A Monaghan |
| Representation | K Nicolson ; L Campbell |
| Location | Auckland |
| Parties | Lardner v Country Fried Chicken Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Failed to maintain acceptable level of written English and expertise in word processing - Dismissed on notice - Whether misrepresented ability to do job under Contractual Remedies Act 1979 - Whether engaged in misleading and deceptive conduct under Fair Trading Act 1986 - Failure by respondent to ascertain true level of skills in recruitment process - Applicant genuinely believed she could do job as described to her - No misrepresentation nor misleading or deceptive conduct - No warnings or opportunity to improve - Procedural unfairness - Dismissal unjustified - UNJUSTIFIED DISADVANTAGE - Not given full duties over notice period - Unsatisfactory level of performance previously demonstrated - Justified in ceasing to offer full duties - No unjustified disadvantage - Secretary |
| Result | Application granted (Dismissal) ; Application dismissed (Disadvantage) ; Reimbursement of lost wages ($5,386.97) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Statutes | Contractual Remedies Act 1979 s7(3);Contractual Remedies Act 1979 s7(4);ERA s164;Fair Trading Act 1986 s12 |
| Cases Cited | New Zealand Motor Bodies Ltd v Emslie [1985] 2 NZLR 569 |
| Number of Pages | 6 |
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