| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 222 |
| Hearing date | 24 Aug 2011 |
| Determination date | 29 June 2012 |
| Member | K J Anderson |
| Representation | P Mulle r; L Turner |
| Location | Auckland |
| Parties | Chandra v Griffin's Foods Ltd |
| Summary | JURISDICTION - Whether applicant person intending to work - Authority found applicant person intending to work - UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent prior to commencing work - Authority found respondent did not consult applicant prior to decision to withdraw employment offer - Dismissal unjustified - REMEDIES - No contributory conduct - Respondent to pay applicant $21,910 reimbursement of lost wages - $5,000 compensation appropriate - Manufacturing Co-Ordinator |
| Abstract | Applicant offered and accepted position of Manufacturing Co-Ordinator by respondent, verbally and by email. Applicant claimed unjustifiably dismissed by respondent prior to commencing work. Applicant and respondent agreed conditions of work and start date in exchange of emails. Applicant received subsequent email from respondent informing that position no longer available because position surplus to respondent's requirements. Subsequently applicant and respondent attended meeting. Respondent claimed applicant was given opportunity to start job on agreed date and be given notice of redundancy immediately but applicant declined offer.;AUTHORITY FOUND -;JURISDICTION: Respondent conceded applicant person intending to work. Applicant person intending to work.;UNJUSTIFIED DISMISSAL: Genuine reasons for withdrawing position. Process unfair as applicant not consulted or forwarned employment offer to be withdrawn. Respondent giving applicant choice to begin work and immediately be made redundant not realistically acceptable. Applicant suffered loss of income as had resigned from previous employment. REMEDIES: No contributory conduct. Respondent to pay applicant $21,910 reimbursement of lost wages. $5,000 compensation appropriate. |
| Result | Applications granted . Compensation for humiliation etc ($5,000); Reimbursement of lost wages ($21,910); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s6(1)(b)(ii);ERA s4;ERA s5;ERA s6;ERA s102;ERA s113;ERA s128;ERA s128(2);ERA s128(3);ECAt 1991 |
| Cases Cited | Trotter v Telecom Corporation of New Zealand [1993] ERNZ 659 |
| Number of Pages | 9 |
| PDF File Link: | 2012_NZERA_Auckland_222.pdf [pdf 121 KB] |