Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 45/01
Determination date 08 May 2001
Member J Wilson
Representation M McFadden ; T Kurta
Location Auckland
Parties Hunt v Morgan Pools
Summary UNJUSTIFIED DISMISSAL - Told of concerns with performance - Not told that continued employment in jeopardy - No formal warnings nor disciplinary inquiry - Procedurally unfair - Sought alternative employment - Possibility of resignation - Not conduct that deeply impaired or was destructive of basic confidence or trust - Substantively unfair - Pool worker
Result Application granted ; Reimbursement of lost wages ($4,400)(10 weeks) ; Compensation for humiliation etc ($2,500) ; Costs reserved
Statutes ERA s123(b);ERA s123(1)(c)(i)
Cases Cited Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;Wellington etc Clerical etc IUOW v Greenwich [1983] ACJ 965
Number of Pages 7
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