| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 38 |
| Hearing date | 16 Feb 2012 |
| Determination date | 05 April 2012 |
| Member | G J Wood |
| Representation | S Emslie ; D Livingston |
| Location | Whanganui |
| Parties | Narayan v Piero Damosso t/a Al Ponte Italiano Restaurante |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant’s redundancy genuine but acknowledged did not consult with applicant before made decision – Respondent had significant financial difficulties and restructured staff and reduced opening hours in attempt to reduce costs – Applicant disputed respondent’s decision to reduce hours and replace applicant’s salary with hourly rate – Parties arranged meeting but did not go ahead – Applicant told would be made redundant and invited to second meeting – Applicant claimed decision predetermined and declined invite – Authority found applicant’s redundancy genuine but respondent failed to consult applicant – Dismissal unjustified – REMEDIES – No contributory conduct - Found if had been consultation applicant would have been employed for at least two more weeks - $1,800 reimbursement of lost wages – Found appropriate to take respondent’s financial position into account - $2,500 compensation appropriate - Chef |
| Result | Application granted ; Reimbursement of lost wages ($1,800) ; Compensation for humiliation etc ($2,500) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Personal Grievance |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Wellington_38.pdf [pdf 20 KB] |