| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 313 |
| Hearing date | 22 Aug 2012 |
| Determination date | 10 September 2012 |
| Member | A Fitzgibbon |
| Representation | M Moncur ; M Macnab |
| Parties | Beckman v Abdul Hussein t/a Hairpro New Lynn |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably disadvantaged by reduction in working hours and unjustifiably dismissed by respondent – Applicant hospitalised and took periods of sick leave – Alleged abusive phone call - Dismissal following return from holiday - Retail assistant |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Applicant aware of respondent’s financial difficulties and had met with respondent to discuss how savings could be made. No unjustifiable disadvantage. Respondent had genuine commercial reason to make applicant’s position redundant. Respondent did not adequately comply with statutory obligations and carry out fair process when dismissing applicant. Dismissal unjustified. REMEDIES: No contributory conduct. $2,500 compensation appropriate. |
| Result | Application granted; Compensation for humiliation etc ($2,500); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A)(c);ERA s4(1A)(c)(i);ERA s4(1A)(c)(ii);ERA s103A;ERA s103A(3);ERA s103A(2);ERA s124 |
| Cases Cited | G N Hale & Sons Ltd v Wellington etc Caretakers etc IUOW (1990) ERNZ Sel Cas 843; [1991] 1 NZLR 151;Simpsons Farms Ltd v Aberhart [2006] ERNZ 825 |
| Number of Pages | 11 |
| PDF File Link: | 2012_NZERA_Auckland_313.pdf [pdf 300 KB] |