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Turdeich v Dale Fibreglass Ltd
30 Jul 2007, V Campbell, AA 222/07, (8 pages)
RAISING PERSONAL GRIEVANCE - Application to raise personal grievance out of time - Respondent claimed unaware of grievance until received letter from Mediation Service - No dispute applicant failed to raise grievance within 90 days - Whether exceptional circumstances - No evidence applicant's advocate instructed to raise grievance - When advised advocate no longer at firm, was still within 90 day period - Did not contacted firm again until ten months later - Not satisfied applicant made reasonable arrangements to have grievance raised - No dispute resolution explanation as required by s65 Employment Relations Act 2000 ("ERA") in employment agreement - Applicant unaware of 90 day requirement - Absence of explanation caused delay in raising grievance and amounted to exceptional circumstances - Just to grant leave out of time - UNJUSTIFIED DISMISSAL - Poor performance - Applicant employed on fixed term agreement with probationary period - Dismissed for poor performance two weeks prior to its expiry - Given was temporary agreement with sole purpose of establishing suitability for permanent employment, respondent accepted agreement in breach of s66 ERA - Respondent unable to rely on fixed term - Agreement met requirements of s67 ERA - Applicant made aware performance short of accepted standard - However, respondent did not meet required standard for dealing with poor performance - No measures to address quality of work or reviews to assess improvements - No opportunity to provide feedback why expected outcomes not achieved - Given no indication permanent offer would not be made and not given opportunity to complete probation - Dismissal unjustified - Remedies - Applicant awarded two weeks lost wages taking into account fact unlikely would have been offered permanent position - Compensation at lower end of scale appropriate - While applicant's actions contributed to dismissal, not responsible for respondent's breaches of fair and reasonable treatment - Reduction in remedies not appropriate - Fibreglasser
Result: Applications granted ; Reimbursement of lost wages ($1,224) ; Compensation for humiliation etc ($2,000) ; Disbursements ($70)(Filing fee)
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