| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 16 |
| Hearing date | 16 Jan 2015 |
| Determination date | 22 January 2015 |
| Member | E Robinson |
| Representation | I Parata ; no appearance |
| Location | Taupo |
| Parties | Rainford v Cooper Family Investments Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Delay to building project when building consents not issued - Engagement of contractors to perform work undertaken by applicant - Whether applicant ignored by respondent's chairman, told not to communicate with chairman and not provided with work - No appearance for respondent - Handyman / maintenance and construction manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant dismissed when paid final wages and annual leave entitlement. No substantive reason for termination of applicant's employment. Significant flaws in procedure followed by respondent. Applicant not provided with information regarding proposal to restructure or any opportunity to comment before decision made. Dismissal unjustified. REMEDIES: Initial action taken by applicant in relation to building job not in good faith. 25 per cent contributory conduct. Respondent to pay applicant $17,307 reimbursement of lost wages. $3,750 compensation appropriate. |
| Result | Application granted ; Contributory conduct (25%) ; Reimbursement of lost wages ($17,307.68) ; Compensation for humiliation etc ($3,750) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s4;ERA s4(1A)(c);ERA s4(1A)(c)(i);ERA s4(1A)(c)(ii);ERA s103A;ERA s103A(3);ERA s124;ERA s128(3);ERA Second Schedule cl12;HSE |
| Number of Pages | 15 |
| PDF File Link: | 2015_NZERA_Auckland_16.pdf [pdf 213 KB] |