| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 74 |
| Hearing date | 11 Apr 2012 |
| Determination date | 24 April 2012 |
| Member | E Robinson |
| Representation | K Symons (in person) ; G Hamilton |
| Location | Queenstown |
| Parties | Symons v Wise.Net Trading Trust |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Respondent claimed parent company in financial difficulty and needed to reduce staff numbers - Applicant asked to participate in conference call with parent company manager (B") and parent company manager ("K") - Respondent director ("G") also present - B told applicant employment terminated - Applicant offered to accept reduced salary - B rejected offer and told applicant decision commercial - K requested applicant return keys and leave office immediately - Applicant claimed felt shocked and numb after call ended - Applicant dismissed - Authority found applicant dismissed as result of genuine redundancy - Found respondent failed to give applicant advance notice of redundancy proposal, information relevant to proposal or real opportunity to provide feedback - Found respondent did not follow fair process - Dismissal unjustified - REMEDIES - No contributory conduct - $7,680 reimbursement of lost wages - Interest payable - $7,000 compensation appropriate - Administration and support officer" |
| Result | Application granted; Reimbursement of lost wages ($7,680); Interest (5%); Compensation for humiliation etc ($7,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s 4(1A)(c);ERA s103A;ERA s124;ERA Second Schedule cl11 |
| Cases Cited | Cammish v Parliamentary Service [1996] 1 ERNZ 404;GN Hale & Son Ltd v Wellington Caretakers IUOW [1991] 1 NZLR 151;Simpsons Farms Ltd v Aberhart [2006] ERNZ 825 |
| Number of Pages | 9 |
| PDF File Link: | 2012_NZERA_Christchurch_74.pdf [pdf 44 KB] |