| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 188 |
| Hearing date | 18 Nov 2014 |
| Determination date | 19 November 2014 |
| Member | D Appleton |
| Representation | H Dillon (in person) ; B Beattie |
| Location | Christchurch |
| Parties | Dillon v Logical Systems Ltd t/a Yoobee |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – No appearance for respondent – Sales consultant |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant’s visa would have allowed applicant to undertake any role within respondent. Respondent failed in almost every conceivable respect to follow fair procedure in relation to applicant’s dismissal. Recruitment of other sales consultants after applicant given notice of dismissal indicated respondent’s purported reason for dismissal incorrect. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $7,451 reimbursement of lost wages. $5,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($7,451.10) ; Compensation for humiliation etc ($5,000) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A;ERA s124;ERA s128;ERA s128(2);ERA s128(3);Immigration Act 2009 |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Christchurch_188.pdf [pdf 182 KB] |