| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 174 |
| Hearing date | 7 Nov 2012 |
| Determination date | 09 May 2013 |
| Member | K J Anderson |
| Representation | M Steele ; R Alchin |
| Location | Hamilton |
| Parties | Hergatt v HBC Design Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Non work related accident - Restructure while applicant off work - Applicant informed business manager" position no longer available - Applicant requested lump payment or would take legal action - Business manager" |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Somewhat premature for applicant to threaten applicant with legal action however would have been simple for respondent to conclude matter by making payment. Payment in lieu of notice in parties employment agreement. No information provided to applicant relevant to the continuation of employment. No consultation. Dismissal unjustified. REMEDIES: $3,000 compensation appropriate. |
| Result | Application granted; Compensation or humiliation etc ($3,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s14(1A)(c) - s103A - ERA s124 |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Auckland_174.pdf [pdf 165 KB] |