| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 75 |
| Hearing date | 12 Jun 2014 |
| Determination date | 16 July 2014 |
| Member | P R Stapp |
| Representation | D Abraham ; S and J Hansen (in person) |
| Location | Napier |
| Parties | Winter v Hansen t/a The Gase Centre, Hastings |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Whether applicant accepted redundancy proposal - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent wrongly decided applicant accepted redundancy and subsequently failed to complete the consultation process. Not reasonable respondent believed applicant accepted situation. Redundancy genuine. Applicant put on notice of redundancy but wrongly thought applicant dismissed. Dismissal unjustified. REMEDIES: No contributory conduct.$5,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $864 arrears of wages and holiday pay |
| Result | Applications granted; Compensation for humiliation etc ($5,000); Arrears of wages and holiday pay ($864); Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Wellington_75.pdf [pdf 105 KB] |