| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 116/02 |
| Hearing date | 15 Oct 2002 |
| Determination date | 20 November 2002 |
| Member | P R Stapp |
| Representation | G Fitzgerald ; H Senior |
| Location | Wellington |
| Parties | Harvey v Solvent Services (Wellington) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Respondent needed injection of capital to keep operating - Owner's brother to purchase shareholding on condition he would work in the business - Respondent employed only 2 employees - Brother started before applicant's employment was terminated - No injection of capital - Only marginal change to applicant's position - Respondent ceased trading 3ï¾½ months after applicant's termination - No reliance on this reason at time applicant made redundant - Dismissal not justified by reason of redundancy - Lack of consultation before decision to dismiss unfair and unreasonable - No written employment agreement - Applicant's length of service and role in the company considered - Period of notice not reasonable - Dismissal unjustified - Sales representative |
| Result | Application granted ; Reimbursement of lost wages ($5,370.48)(3 months) ; Compensation for humiliation etc ($3,000) ; Costs in favour of applicant ($1,500) |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |