| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 40 |
| Hearing date | 11 Dec 2012;5 Feb 2013 |
| Determination date | 02 April 2013 |
| Member | G J Wood |
| Representation | S Hurring ; B Buckett |
| Location | Wellington |
| Parties | Guthrie v McNabb and Anor |
| Other Parties | Kids Domain Ltd |
| Summary | PRACTICE AND PROCEDURE - Identity of employer - UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably disadvantaged by respondent's failure to give proper notice period and unjustifiably dismissed by respondent - Whether respondent tampered with parties' employment agreement to contain shorter notice period - Whether sale of business genuine - Whether respondent met obligations during transfer - Whether applicant dismissed - Whether respondent had obligation to re-employ applicant when sale of business fell through - COUNTERCLAIM - RECOVERY OF MONIES - Applicant sought recovery of money for damage to work vehicle and recovery of wages for hours allegedly over claimed by applicant - Supervisor and coordinator |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Applicant employed by second respondent.;UNJUSTIFIED DISMISSAL: Attempted sale of business genuine transaction that fell through. Applicant's copy of employment agreement applied to parties. No deliberate action by respondent to change terms of agreement. Applicant unjustifiably disadvantaged by respondents failure to give proper notice. Applicant dismissed. Sale of business fell through before notice period expired. Respondent under obligation to retain applicant. Not fair and reasonable for respondent to continue with applicant's redundancy when clear redundancy no longer required. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $13,727 reimbursement of lost wages. $5,000 compensation appropriate.;COUNTERCLAIM - RECOVERY OF MONIES: Applicant entitled to limited personal use of company vehicle. No evidence respondent suffered cost to repair vehicle. No evidence hours over claimed by applicant. No recovery of monies. |
| Result | Application granted (unjustified disadvantage - unjustified dismissal); Reimbursement of lost wages ($13,727.50); Compensation for humiliation etc ($5,000); Application dismissed (counterclaim - recovery of monies); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1)(d) - ERA s103A - ERA s103A(3) - ERA s103A(4) - ERA s103A(5) |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466;Simpsons Farms Ltd v Aberhart [2006] ERNZ 825 |
| Number of Pages | 15 |
| PDF File Link: | 2013_NZERA_Wellington_40.pdf [pdf 215 KB] |