| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 496 |
| Hearing date | 12 Jul 2011 |
| Determination date | 16 November 2011 |
| Member | D King |
| Representation | A French ; G Pollak |
| Location | Auckland |
| Parties | French v Flavorjen Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Poor performance – Applicant claimed unjustifiably dismissed by respondent – Applicant invited to meeting – Applicant given letter terminating employment with immediate effect for poor performance – Applicant asked for further detail but respondent refused to elaborate – Applicant asked why three months notice not given as per contract but respondent claimed as was performance issue applicant not entitled to notice – Applicant claimed dismissed because of medical condition – Respondent claimed emailed document to applicant which set out sales targets and suggested meeting every Friday to review last week and plan for following week – Applicant claimed had not seen document before investigation meeting – Respondent unsure if sent document – Authority accepted applicant’s evidence had not seen document – Authority found inadequate evidence regarding criteria for acceptable performance and what steps had to be carried out – Applicant received letter for final pay and holiday pay which stated was in full and final settlement of employment – Found inappropriate for respondent to attempt to make legal entitlements part of settlement – Applicant did not accept cheque as did not include notice payment – Respondent deposited money into applicant’s bank account – Found no formal warnings for poor performance – Found applicant had no notice of meeting and no opportunity to bring representative – Found dismissal clearly predetermined – Dismissal unjustified – REMEDIES – No contributory conduct – Found no reimbursement of lost wages as applicant unable to obtain employment due to illness - $5,000 compensation appropriate – ARREARS OF WAGES – Found applicant entitled to payment for three month’s notice in accordance with employment agreement – Found applicant entitled to payment for half day wages – Account/Sales Manager |
| Result | Applications granted ; Compensation for humiliation etc ($5,000) ; Arrears of wages (3 months) (half day) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Auckland_496.pdf [pdf 22 KB] |