| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 5/03 |
| Hearing date | 14 Nov 2002 |
| Determination date | 06 January 2003 |
| Member | Y S Oldfield |
| Representation | L Robinson ; C Eggleston |
| Location | Auckland |
| Parties | Hollis v Aden Consultants Ltd & Ors |
| Other Parties | SAS Technologies Ltd, Aden Automation Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Identity of employer - Employment transferred from third respondent to second respondent - Second respondent liable for any remedies - Personality conflict with second respondent's managing director - Failed to follow instructions regarding approach to sales - Handed letter of dismissal on grounds of redundancy - Left immediately despite 2 months' notice - Dismissal not resignation - No prior warning of redundancy - No consultation - Dismissal procedurally unfair - Redundancy situation was cover up for personality conflict and failure to follow instructions - Dismissal unjustified - ARREARS OF WAGES - No agreement to increase salary after 3 months employment - No entitlement to time in lieu - No arrears of wages - Sales manager |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined by parties)(6 weeks) ; Compensation for humiliation etc ($9,000) ; Costs reserved |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |