| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 111 |
| Hearing date | 5 Jun 2012 |
| Determination date | 11 June 2012 |
| Member | M B Loftus |
| Representation | J Ferguson (In Person) ; G Hart |
| Location | Alexandra |
| Parties | Ferguson v Crayons Educational Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Authority found respondent had valid reasons for reducing staff numbers – Found respondent failed to consult applicant prior to making decision to dismiss applicant – Dismissal unjustified – REMEDIES – No contributory conduct – Respondent to pay applicant $5,098 reimbursement of lost wages - $5,000 compensation appropriate - Teacher |
| Abstract | Applicant employed by respondent as teacher. Applicant claimed unjustifiably dismissed by respondent. Parties agreed applicant’s position would become redundant. Applicant claimed respondent offered applicant alternative position. Respondent claimed offered applicant fixed term position while another employee on maternity leave. Respondent decided needed to reduce staff. Respondent told applicant at meeting applicant dismissed. Applicant handed dismissal letter dated previous day. Applicant dismissed.;AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant part time permanent employee. Respondent had valid reasons for reducing staff numbers. Respondent failed to consult applicant prior to making decision to dismiss applicant. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $5,098 reimbursement of lost wages. $5,000 compensation appropriate. |
| Result | Application granted; Reimbursement of lost wages ($5,098.56); Compensation for humiliation etc ($5,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A);ERA s66;ERA s66(4);ERA s66(6);ERA s103A;ERA s124;ERA s128(2);Interpretation Act 1999;Interpretation Act 1999 s4;Interpretation Act 1999 s7 |
| Cases Cited | Aoraki Corp Ltd v McGavin [1998] 1 ERNZ 601; [1998] 3 NZLR 276;Muldoon v Nelson Marlborough District Health Board [2011] NZEmpC 103 |
| Number of Pages | 10 |
| PDF File Link: | 2012_NZERA_Christchurch_111.pdf [pdf 136 KB] |