Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2013] NZERA Auckland 49
Hearing date 21 Jan 2013
Determination date 13 February 2013
Member R A Monaghan
Representation A Evans (in person) ; G Arbuckle
Parties Evans v Kensington Hairdressing & Beauty Ltd
Summary UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Whether decision predetermined - Redeployment - Restructure - ARREARS OF WAGES - Applicant claimed arrears of sick leave - Salon manager
Abstract AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Likely respondent and applicant assumed applicant's position disestablished but door not closed for applicant to make further input. No requirement for respondent to redeploy applicant. Process fair and reasonable. Dismissal justified.;ARREARS OF WAGES - Respondent to pay applicant 2.5 hours arrears of sick leave.
Result Application dismissed (unjustified dismissal); Application granted (arrears of wages); Arrears of wages (2.5 hours); Costs reserved
Main Category Personal Grievance
Statutes ERA s4 - EAR s4(1) - ERA s4(1A) -ERA s103A(3) - ERA s103A(4) - Holidays Act 2003 s71
Number of Pages 8
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