| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 206 |
| Determination date | 14 July 2015 |
| Member | R Larmer |
| Representation | B Robinson ; D Harrison |
| Location | Kerikeri |
| Parties | Jones v Palmco Garden Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES – Applicant sought arrears of wages – Gardener and shop assistant |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Respondent failed to provide applicant with relevant information and allow opportunity to comment, so respondent breached good faith requirements. Respondent failed to consult with applicant or explain why new employees had been taken on in similar role. Respondent did not use fair or proper selection process and applicant only person considered for redundancy. Appeared that applicant targeted for redundancy because another employee did not like applicant. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $14,655 reimbursement of lost wages. $6,000 compensation appropriate.ARREARS OF WAGES: Applicant failed to provide evidence of arrears. No arrears of wages. |
| Result | Application granted (unjustified dismissal) ; Reimbursement of lost wages ($14,655) ; Compensation for humiliation etc ($6,000) ; Application dismissed (arrears of wages) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A(2);ERA s103A(3);ERA s103A(4);ERA s124 |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Auckland_206.pdf [pdf 171 KB] |