| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 104 |
| Hearing date | 29 May 2013 |
| Determination date | 10 June 2013 |
| Member | H Doyle |
| Representation | A Sharma ; T Stallard |
| Location | Nelson |
| Parties | Wilson v Bruce Wilson Painting & Decorating Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of respondent – UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably dismissed by respondent – Applicant thought respondent closing business and all employees made redundant but later discovered applicant only redundancy – New employee hired – Respondent claimed new employee had different skills - PENALTY – Applicant sought penalty for respondent’s breach of good faith - Painter |
| Abstract | AUTHORITY FOUND-;PRACTICE AND PROCEDURE: Authority ordered non-publication of respondent’s financial accounts. Name of respondent amended to reflect company name.;UNJUSTIFIED DISMISSAL: Redundancy letter did not state applicant lacked required skills. Inconsistent with reducing costs to engage new employee. No consultation. Redundancy not genuine. Evidence of wrongdoing by applicant unsatisfactory. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $14,050 reimbursement of lost wages. Interest payable. $8,000 compensation appropriate.;PENALTY: No penalty. |
| Result | Application granted (Unjustified dismissal) ; Reimbursement of lost wages ($14,050.25) ; Interest (5%) ; Compensation for humiliation etc ($8,000) ; Application dismissed (Penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA – ERA s4A - ERA s4(1A)(c) - ERA s103A – ERA s103A(3) - ERA s103A(3)(a) – ERA s103A(d) – ERA s103A(4) – ERA 103A(5) – ERA s124 - ERA s128(3) - ERA Second Schedule cl10(1) – ERA Second Schedule cl11;Judicature Act 1908 s87(3) |
| Cases Cited | GN Hale & Sons Ltd v Wellington Caretakers IUOW (1990) ERNZ Sel Cas 843; [1991] 1 NZLR 151;Michael Rittson-Thomas t/a Totara Hills Farm v Hamish Davidson [2013] NZEmpC 39;Salt v Fell [2006] ERNZ 449;Simpsons Farms Limited v Aberhart [2006] ERNZ 825 |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Christchurch_104.pdf [pdf 138 KB] |