| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 101/02 |
| Hearing date | 4 Sep 2002 |
| Determination date | 11 October 2002 |
| Member | P R Stapp |
| Representation | G O'Sullivan ; J Dobson |
| Location | Wellington |
| Parties | Burke v National Mutual Life Association of Australia Ltd t/a AXA |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Fixed term contract - Whether contract could be terminated by redundancy - Renegotiated fixed term contract - Contract allowed for 2 months' notice - Alleged given representations that contract would not be terminated early - Representations insufficient - Respondent entitled to make applicant redundant - Dismissal justified - UNJUSTIFIED DISADVANTAGE - Alleged failure to give correct termination notice - Respondent conceded incorrect notice given - Disadvantage established - Credit manager |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Cases Cited | Hayden v Wellington Free Ambulance Service [2002] 1 ERNZ 399;Victoria University of Wellington v Haddon [1996] 1 ERNZ 139 ; [1996] 2 NZLR 409 |
| Number of Pages | 10 |
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