| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 374 |
| Hearing date | 16 Aug 2013 |
| Determination date | 22 August 2013 |
| Member | R Larmer |
| Representation | M Moncur ; Don Li |
| Location | Auckland |
| Parties | Sun v NZ Visionary Vanguard Ltd t/a Shynday Kitchen & Bathroom |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – No written employment agreement (“EA”) or job description - Labour Inspector visited respondent - Factory Manager allegedly looked threateningly at applicant when spoke to Labour Inspector - Respondent gave applicant EA to sign for casual position - Applicant had limited understanding of English - Applicant’s employment terminated three days after signing EA - Applicant told would not receive wages following termination unless signed agreement to not bring claim against respondent – Respondent claimed applicant made redundant as respondent in serious financial difficulty - COSTS - Applicant sought $3,500 contribution towards costs |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Employees of respondent in same role as applicant remained employed. Respondent did not go through proper selection process for redundancy. No valid 90 day trial period. Respondent advertised for staff following applicant’s dismissal. Respondent did not follow fair and proper process in dismissing applicant. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $2,580 reimbursement of lost wages. $2,000 compensation appropriate.;COSTS: Less than one day investigation meeting. Appropriate to halve notional daily tariff as respondent facing financial difficulties. Respondent to pay applicant $875 contribution towards costs |
| Result | Application granted ; Reimbursement of lost wages ($2,580.39) ; Compensation for humiliation etc ($2,000) ; Costs in favour of applicant ($875) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A;ERA s103A(3);ERA s128(2);Holidays Act 2003;Minimum Wage Act 1983 |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Auckland_374.pdf [pdf 234 KB] |