| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 95 |
| Hearing date | 19 Feb 2015;11 Mar 2015 |
| Determination date | 30 March 2015 |
| Member | R Larmer |
| Representation | T Henry-Win ; D Gelb |
| Location | Auckland |
| Parties | Sood v Super Finance Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably dismissed by respondent – Applicant had bad relationship with respondent’s director - Whether redundancy sham used to remove applicant – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Applicant not paid commission while on leave – General Manager |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Respondent’s redundancy process seriously deficient regarding procedural fairness requirements or good faith obligations. Respondent did not have proper documentation regarding reason for redundancy and redundancy did not commercially benefit respondent. Redundancy not for genuine reasons. Redundancy appeared to be motivated by desire to remove applicant. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant reimbursement of lost wages (quantum to be determined). Holiday pay to be paid on lost wages. Leave reserved to determine amounts. $10,000 compensation appropriate.ARREARS OF WAGES AND HOLIDAY PAY: Commission structure silent as to commission being paid while applicant on leave. Applicant entitled to commission while on leave in absence of provisions to contrary. Respondent to pay applicant arrears of wages and holiday pay (quantum to be determined). |
| Result | Applications granted ; Reimbursement of lost wages (QTD) ; Compensation for humiliation etc. ($10,000) ; Arrears of wages and holiday pay (QTD); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s 4(1A);ERA s 103A;ERA s 103A(2);ERA s 103A(3);ERA s 103A(3)(a);ERA s 103A(3)(b);ERA s 103A(3)(c);ERA s 103A(3)(d);ERA s 103A(5) |
| Cases Cited | Grace Team Accounting v Brake [2014] NZCA 541, [2015] 2 NZLR 494;GN Hale & Son Ltd v Wellington Caretakers IUOW [1991] 1 NZLR 151 (CA);Rittson-Thomas t/a Totara Hills Harm v Davidson [2013] NZEmpC 39, [2013] ERNZ 55 |
| Number of Pages | 14 |
| PDF File Link: | 2015_NZERA_Auckland_95.pdf [pdf 251 KB] |