| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 102 |
| Hearing date | 26 Jul 2012 |
| Determination date | 14 September 2012 |
| Member | P R Stapp |
| Representation | R Ward ; F Stieger |
| Location | Palmerston North |
| Parties | Soo v Autoglas-Stieger Levin Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably dismissed by respondent – Applicant complained bullied, harassed and threatened and offensive language used by respondent - Applicant claimed asked by respondent to inflate invoices and this morally offensive – Accounts and administration manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent had financial difficulties and ceased to trade rendering applicant’s position surplus. Applicant unable to establish respondent had ulterior motives relating to applicant and alleged invoice matter. Applicant did not have opportunity to face decision maker or influence any options when business continued from same premises but under another name in same group of companies. Dismissal unjustified. REMEDIES: No contributory conduct. $3,000 compensation appropriate. |
| Result | Application granted; Compensation for humiliation etc ($3,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Angus v Ports of Auckland Ltd (2011) 9 NZELC 94,015;Soo v Autoglas-Stieger Levin Ltd [2012] NZERA Wellington 87 |
| Number of Pages | 8 |
| PDF File Link: | 2012_NZERA_Wellington_102.pdf [pdf 178 KB] |