| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 227 |
| Hearing date | 31 May 2013 |
| Determination date | 05 June 2013 |
| Member | R Larmer |
| Representation | M Nutsford ; B Castelino |
| Location | Auckland |
| Parties | Latham v EM Contracting Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Expectation of on-going employment - No employment agreement - Applicant claimed subject to abuse - As result of owner's ill-health, decision made to sell business and terminate applicant's employment - Respondent claimed business facing financial problems – Fabricator and welder |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent failed to provide relevant information to applicant. Applicant given no warning and no opportunity to comment prior to dismissal. No opportunity for applicant to receive advice. Respondent denied applicant’s requests for information. Respondent's actions not fair and reasonable. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay $11,830 reimbursement of lost wages. $6,000 compensation appropriate. Respondent to pay applicant $750 contribution towards costs. |
| Result | Application granted; Reimbursement of lost wages ($11,830.88); Compensation for humiliation etc ($6,000); Costs in favour of applicant ($600); Disbursements in favour of applicant ($71.56)(Filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA - ERA s103A - ERA s4(1A) – ERA s103A(2) - ERA s103A(3) |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Auckland_227.pdf [pdf 147 KB] |