| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 15 |
| Hearing date | 20 Nov 2014 |
| Determination date | 22 January 2015 |
| Member | V Campbell |
| Representation | P Wicks ; K McDonald |
| Location | Auckland |
| Parties | Johnson v Kevin McDonald & Associates |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Commercial lawyer |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Financial information about practice disclosed to Authority prior to investigation meeting should have been disclosed to applicant when requested. Respondent should have told applicant about secretary's resignation as relevant to reasons for restructuring. Respondent failed to establish that restructuring and redundancy of applicant's position based on genuine commercial reasons. Applicant told that respondent wished to have process concluded by specified date. Failure to provide full information breach of respondent's duty of good faith. Redeployment of applicant into more junior position not discussed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $36,615 reimbursement of lost wages. Holiday pay and KiwiSaver included. $10,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($36,615) ; Compensation humiliation etc ($10,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A;ERA s174 |
| Cases Cited | Brake v Grace Team Accounting Ltd [2013] NZEmpC 81, [2013] ERNZ 170;Grace Team Accounting Ltd v Brake [2014] NZCA 541 |
| Number of Pages | 13 |
| PDF File Link: | 2015_NZERA_Auckland_15.pdf [pdf 136 KB] |