| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 377 |
| Hearing date | 7 Aug 2013 |
| Determination date | 22 August 2013 |
| Member | E Robinson |
| Representation | K Harper (Applicant in person) ; J de Lange |
| Location | Auckland |
| Parties | Harper v Format Signs Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Appointment of another employee with allegedly larger skill set – Loss of contract meant respondent unable to operate profitably - Sign Writer |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent had genuine commercial reasons for undertaking restructuring exercise. Applicant provided with relevant information and given opportunity to comment prior to decision to discontinue employment. No evidence respondent followed own process for redundancy selection as set out in employment agreement. Applicant unfairly selected for redundancy. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $8,415 reimbursement of lost wages. $3,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($8,415) ; Compensation for humiliation etc ($3,000) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s4;ERA s4(1A)(c);ERA s103;ERA s103A;ERA s103A(1);ERA s103A(2);ERA s128(2) |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Auckland_377.pdf [pdf 251 KB] |