| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 130/02 |
| Hearing date | 19 Nov 2002 |
| Determination date | 10 December 2002 |
| Member | P R Stapp |
| Representation | S Dyhrberg ; G Pollak |
| Location | Wellington |
| Parties | Logie v Attache Software (NZ) Pty Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Genuine redundancy - Redundancy compensation in contract adequate - No notice of possible redundancy - Applicant made redundant the day after returning from leave - Employee being on leave did not absolve employer from obligation to consult - Consultation inadequate - No proper consideration of matters raised by applicant - Wages lost due to hurried termination process - Dismissal procedurally unfair - National sales manager |
| Result | Application granted ; Reimbursement of lost wages (1month) ; Compensation for humiliation etc ($9000) ; Costs reserved |
| Statutes | ERA s123(b) |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Charta Packaging Ltd v Howard [2002] 1 ERNZ 10;Coutts Cars Ltd v Baguley [2001] ERNZ 660 |
| Number of Pages | 10 |
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