Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2012] NZERA Auckland 51
Hearing date 19 Dec 2011
Determination date 13 February 2012
Member J Crichton
Representation M Kan ; R Reed
Location Auckland
Parties Zhang v Johnson Group NZ Ltd
Summary UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed given notice of dismissal and pre-prepared letter of dismissal – Found letter of dismissal was signed record of relationship coming to end and signed letter of resignation on respondent’s letterhead signed by applicant – Respondent claimed applicant asked respondent to prepare letter of resignation because had no English – Respondent claimed applicant visited respondent’s premises after termination took effect and appeared happy and talked about new position with better salary – Applicant’s former solicitor (“W”) withdrew as solicitor – Found W did not do anything improper in relation to proceedings – Found withdrawal of subsequent solicitor did not prejudice applicant’s case because case had already collapsed – W claimed applicant dismissed because too old – Authority preferred respondent’s evidence – Found applicant resigned from employment rather than dismissed for redundancy – No dismissal
Result Application dismissed ; Costs reserved
Main Category Personal Grievance
Number of Pages 8
PDF File Link: 2012_NZERA_Auckland_51.pdf [pdf 38 KB]