| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 167 |
| Hearing date | 1 Oct 2013 |
| Determination date | 24 December 2013 |
| Member | T MacKinnon |
| Representation | M Stocker (in person) ; G Philpott |
| Parties | Stocker v Car Giant Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Other employees dismissed with payment in lieu of notice but applicant dismissed with immediate effect - Respondent claimed applicant independent contractor but previous determination found applicant employee - COSTS - Applicant sought contribution towards costs - IT manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL - Respondent accepted process probably flawed". No evidence of respondent's dire financial position. Respondent's request for applicant to train replacement suggested position not genuinely redundant. Respondent should have resolved uncertainty around applicant's employment status prior to dismissal with immediate effect. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $19,878 reimbursement of lost wages. $8,000 compensation appropriate.;COSTS - Length of investigation meeting not specified. Applicant self represented in Authority but evidence of some legal assistance during process. Respondent to pay applicant contribution towards costs." |
| Result | Application granted; Reimbursement of lost wages ($19,878.72); Compensation for humiliation etc ($8,000); Costs and disbursements in favour of applicant ($303.52) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A - ERA s103A(3) - ERA s128 |
| Cases Cited | Rittson-Thomas t/a Totara Hills Farm v Davidson [2013] NZEmpC 39 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Wellington_167.pdf [pdf 163 KB] |