| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 239 |
| Hearing date | 9 Jul 2012 |
| Determination date | 17 July 2012 |
| Member | J Crichton |
| Representation | W Hika ; G Wallace |
| Location | Tauranga |
| Parties | Stanyer v GSM Holdings Ltd t/a Glover Plumbing |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Authority found redundancy not genuine - Found respondent did not follow proper consultative process - Dismissal unjustified - REMEDIES - 50 per cent contributory conduct - Respondent to pay applicant $7,500 reimbursement of lost wages - $2,000 compensation appropriate - Assistant Manager |
| Abstract | Applicant employed by respondent as assistant manager. Applicant claimed unjustifiably dismissed by respondent. Respondent had asked all staff to take a week's paid special leave as no immediate work available. Applicant only staff member to refuse request. Respondent found applicant hostile and difficult and dismissed applicant with immediate effect for redundancy. Applicant claimed respondent had asked applicant to take annual leave not special leave, and respondent aware applicant had no annual leave available. Respondent claimed not expecting to fire applicant but became spur of moment decision. Applicant claimed dismissal was due to business being sold and new owners not wanting applicant as employee.;AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL - Redundancy neither genuine nor informed by proper consultative process. Simply dismissal on spur of moment labelled as redundancy. Only reason applicant dismissed was because applicant refused to consider respondent's proposal that applicant take week off on paid leave. No other reason for dismissal. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. $7,500 lost wages. $2,000 compensation appropriate. |
| Result | Application granted; Contributory conduct (50%); Reimbursement of lost wages ($7,500); Compensation for humiliation etc ($2,000); Disbursements in favour of applicant ($71.56)(Filing fee); Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Vice-Chancellor of Massey University v Wrigley and Anor (2011) 9 NZELC 93,782 |
| Number of Pages | 7 |
| PDF File Link: | 2012_NZERA_Auckland_239.pdf [pdf 155 KB] |