| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 67 |
| Hearing date | 23 Oct 2014 |
| Determination date | 09 March 2015 |
| Member | R Arthur |
| Representation | D Vinnicombe ; A Sagar |
| Location | Tauranga |
| Parties | Bidois v FSP Pacific Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Dismissal over the phone - ARREARS OF WAGES - Applicant sought arrears of wages - COSTS - Applicant sought $3,500 contribution towards costs - Production worker |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent's limited evidence on business rationale for sudden decision to disestablish three positions as result of falling sales and overproduction in previous quarter not challenged significantly. Respondent failed to tell applicant that considering cutting positions. No opportunity for applicant to comment on whether applicant should be selected for redundancy. Applicant not told of allegation that applicant and others used illegal drugs at work. Applicant not given opportunity to comment on other information about applicant's work or conduct gathered by managers. Respondent misled and deceived applicant. Respondent breached applicant's employment agreement by not considering alternative positions or providing applicant with reference. No evidence to substantiate involvement with illegal drugs by applicant or incidents of violent or aggressive behaviour. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $7,800 reimbursement of lost wages. $5,000 compensation appropriate.;ARREARS OF WAGES: Applicant entitled to two weeks' pay in lieu of notice. Respondent to pay applicant $1,200 arrears of wages.;COSTS: No factors required adjustment to notional daily tariff. Respondent to pay applicant $3,500 contribution towards costs. |
| Result | Applications granted ; Reimbursement of lost wages ($7,800) ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($1,200) ; Costs in favour of applicant ($3,500) |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1)(b);ERA s4(1A)(b);ERA s4(1A)(c);ERA s4(4)(d);ERA s4(4)(e);ERA s103A;ERA s103A(5);ERA s124;ERA s128;ERA s174;ERA Second Schedule cl15 |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC) |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Auckland_67.pdf [pdf 222 KB] |