| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 22 |
| Hearing date | 11 Feb 2014 |
| Determination date | 03 March 2014 |
| Member | M Ryan |
| Representation | B Laracy ; L Evans |
| Location | Wellington |
| Parties | Mathaere v Printstopplus Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Whether applicant told position redundant – Entitlement to six months redundancy compensation in applicant’s employment agreement – Whether respondent retracted redundancy notice when learnt extent of applicant’s entitlement to redundancy compensation – Whether agreement as to redundancy made – Manager of accounts payable |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Likely respondent would have formalised decision in writing if applicant informed verbally that position redundant. Delay in confirming purported redundancy not result of concerns of cost of making applicant redundant. Communications between parties indicated prospect of applicant’s redundancy under discussion but not that applicant made redundant already. Correspondence containing word “redundancy” initiated by applicant. Inconsistency in date applicant claimed position disestablished. No dismissal. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s174 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Wellington_22.pdf [pdf 179 KB] |