Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2013] NZERA Auckland 268
Hearing date 24 Jun 2013
Determination date 25 June 2013
Member R Larmer
Representation M Moncur ; No appearance
Location Auckland
Parties Griffith v Truth Weekender Ltd
Summary UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – No appearance for respondent – COSTS – Applicant sought contribution towards costs – Account manager
Abstract AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent did not provide applicant with information relevant to proposed redundancy or give applicant opportunity to comment. Applicant called to meeting with no advance notice and told had been made redundant without being told why applicant selected for redundancy over co-workers. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $9,120 reimbursement of lost wages. $6,500 compensation appropriate.;COSTS: Less than one day investigation meeting. Not appropriate to modify notional daily tariff. Respondent to pay applicant $500 contribution towards costs.
Result Application granted ; Reimbursement of lost wages ($9,120) ; Compensation for humiliation etc ($6,500) ; Costs in favour of applicant ($500) ; Disbursements in favour of applicant ($71.56)(filing fee)
Main Category Personal Grievance
Statutes ERA s4(1A);ERA s103A;ERA s103A(2);ERA s103A(3);ERA s103A(4);ERA s103A(5);ERA s128(2)
Number of Pages 6
PDF File Link: 2013_NZERA_Auckland_268.pdf [pdf 208 KB]