| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 50 |
| Hearing date | 4 Apr 2013 |
| Determination date | 09 May 2013 |
| Member | G J Wood |
| Representation | S Webster ; C Smith |
| Location | Napier |
| Parties | Tasker v Momentum Brands (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed camouflage restructure or performance dismissal – Respondent kept restructuring of business confidential for commercial reasons – Applicant informed no other positions available however three new positions created – Area Sales Manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant’s employment genuinely superfluous to respondent’s needs but procedure adopted by respondent not that of fair and reasonable employer and respondent misled applicant regarding status of position and reasons for dismissal. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $3,115 reimbursement of lost wages. $8,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($3,115) ; Compensation for humiliation etc ($8,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c) |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Wellington_50.pdf [pdf 182 KB] |