| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 86 |
| Hearing date | 5 Apr 2012 |
| Determination date | 08 May 2012 |
| Member | A Dumbleton |
| Representation | C O'Driscoll ; C O'Connor |
| Location | Christchurch |
| Parties | Humphries v Earthworks Aoraki Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Authority found applicant’s redundancy genuine but respondent’s actions not those of fair and reasonable employer - Dismissal unjustified – REMEDIES - No contributory conduct - $6,000 compensation appropriate - Reimbursement of lost wages, parties to determine quantum - ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages - Respondent to pay applicant one day’s arrears of wages and any arrears of holiday pay |
| Abstract | Applicant employed as general labourer. Respondent told applicant position surplus to requirements. Applicant claimed respondent failed to properly consider alternatives to redundancy and respondent had advertised applicant’s role after applicant made redundant. Respondent claimed had no obligation to offer applicant vacant role before advertised externally. Applicant sought one day’s arrears of wages as notice period unclear.;AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent in financial difficulty and respondent struggling to meet loan repayments. Applicant still employed by respondent when respondent advertised vacant role and respondent obliged to deal with applicant in good faith. Respondent should have redeployed applicant into same or very similar vacant position. Respondent did not provide applicant with information relating to decision to make applicant’s position redundant. Applicant’s redundancy genuine but respondent’s actions not those of fair and reasonable employer. Dismissal unjustified. REMEDIES: No contributory conduct. $6,000 compensation appropriate. Reimbursement of lost wages, parties to determine quantum.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant one day’s arrears of wages and any arrears of holiday pay. |
| Result | Applications granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($6,000) ; Arrears of wages and holiday pay (quantum to be determined) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A);ERA s103A;ERA s122;ERA s128(2) |
| Cases Cited | Goodman Fielder Wattie Agri-Products Ltd v Gibson [1995] 2 ERNZ 323;Wang v Hamilton Multicultural Services Trust [2010] NZEMPC 142 |
| Number of Pages | 9 |
| PDF File Link: | 2012_NZERA_Christchurch_86.pdf [pdf 44 KB] |