| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 152 |
| Hearing date | 15 Apr 2014 |
| Determination date | 22 April 2014 |
| Member | E Robinson |
| Representation | M Nutsford ; K Stout |
| Location | Auckland |
| Parties | Broome v Ken Stout Motors Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Respondent’s performance concerns regarding applicant not formally investigated - Complaint from customer involving applicant that repair work undertaken without prior authorisation – Respondent claimed applicant not meeting expectation of value to business given applicant’s experience - Automotive Service Technician |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Genuine redundancy situation existed however respondent failed to act in good faith or follow fair procedure. Defects in process not minor and applicant deprived of opportunity to comment on process prior to final decision being taken. Respondent influenced by performance concerns which were not properly investigated. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $7,644 reimbursement of lost wages. $6,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($7,644.80) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s4;ERA s4(1A)(c);ERA s103A;ERA s103A(5);ERA s124;ERA s128(2) |
| Cases Cited | Simpsons Farms Ltd v Aberhart [2006] ERNZ 825;Vice-Chancellor of Massey University v Wrigley [2011] ERNZ 138 |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Auckland_152.pdf [pdf 164 KB] |