| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 97 |
| Hearing date | 17 Feb 2012 |
| Determination date | 15 March 2012 |
| Member | R A Monaghan |
| Representation | A Taylor ; no appearance |
| Location | Tauranga |
| Parties | Gibson and Anor v Quantum Grow Ltd |
| Other Parties | Morine |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicants claimed unjustifiably dismissed by respondent – No appearance for respondent – Authority found respondent failed to give reason for failure to attend investigation meeting – Respondent’s director (“C”) told applicants respondent experiencing financial difficulties and would be made redundant – Applicants claimed had no indication respondent experiencing financial difficulties – Found respondent failed to consult with applicants about possible redundancy – Found respondent failed to follow redundancy process set out in applicants’ employment agreements – Found did not have sufficient information to show applicants’ redundancies justified - Dismissals unjustified – REMEDIES – No contributory conduct - $1,000 compensation appropriate for first applicant (G") - $7,499 reimbursement of lost wages for G - $1,000 compensation appropriate for second applicant ("M") - $6,002 reimbursement of lost wages for M - ARREARS OF WAGES AND HOLIDAY PAY – G sought $2,501 arrears of holiday pay – Found $2,501 arrears of holiday pay to G due and owing – M sought $2,790 arrears of holiday pay – Found $2,790 arrears of holiday pay to M due and owing – Interest payable - RECOVERY OF MONIES - G sought reimbursement of $368 office-related expenses – Respondent to pay G $368 - M sought reimbursement of $1,082 travel expenses – Respondent to pay M $1,082 – Interest payable – COSTS – Half day investigation meeting – Respondent to pay applicants $1,750 contribution towards costs - Administration and Purchasing Officer/Branch Manager" |
| Result | Applications granted ; Reimbursement of lost wages ($7,499.97)(first applicant) ; Compensation for humiliation etc ($1,000)(first applicant) ; Reimbursement of lost wages ($6,002.21)(second applicant) ; Compensation for humiliation etc ($1,000)(second applicant) ; Arrears of holiday pay ($2,501.75)(first applicant) ; Arrears of holiday pay ($2,790.36)(second applicant) ; Recovery of monies ($368.66)(first applicant) ; Recovery of monies ($1,082.14)(second applicant) ; Interest (5%) ; Costs in favour of applicants ($1,750) |
| Main Category | Personal Grievance |
| Statutes | ERA s128;ERA Second Schedule cl12 |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 7 |
| PDF File Link: | 2012_NZERA_Auckland_97.pdf [pdf 27 KB] |