| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 237/02 |
| Hearing date | 1 Jul 2002 - 2 Jul 2002 (2 days) |
| Determination date | 14 August 2002 |
| Member | R A Monaghan |
| Representation | M McFadden ; M Herk |
| Location | Auckland |
| Parties | Cunningham v Accent Commerical Interiors Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - 6 month trial period - Alleged failure to show necessary commercial skill - Dismissed at end of trial period - Alleged dismissed in accordance with contract - Issues raised with applicant at various performance meetings - Applicant entitled to formal warnings that position in jeopardy - Dismissal unjustified - Remedies - Applicant attained new position shortly after dismissal - No loss of wages - Senior quantity surveyor |
| Result | Application granted ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Cases Cited | Nelson Air Ltd v New Zealand Airline Pilots Association [1994] 2 ERNZ 665;Slater t/a Carpet North v Smith [1994] 1 ERNZ 869 |
| Number of Pages | 8 |
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