| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 294 |
| Hearing date | 16-Sep-15 |
| Determination date | 25 September 2015 |
| Member | Eleanor Robinson |
| Representation | M Whitehead ; B Edwards |
| Location | Auckland |
| Parties | Cramond v Your Publications Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Marketing and design associate |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant’s refusal to have salary lowered in light of respondent’s less financially stable position not in itself reason for redundancy. Respondent did not ask applicant for feedback and did not advise applicant that redundancy possible. Applicant could have been more responsive and communicative regarding proposals for applicant’s position. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. Respondent to pay applicant $5528 reimbursement of lost wages. $3,000 compensation appropriate. |
| Result | Application granted ; Contributory conduct (50%) ; Reimbursement of lost wages ($5528.34) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A)(b);ERA s4(1A)(c);ERA s4(1A)(c)(i);ERA s4(1A)(c)(ii);ERA s103A;ERA s103A(2);ERA s103A(3)(a);ERA s103A(5);ERA s124;ERA s128(2) |
| Number of Pages | 14 |
| PDF File Link: | 2015_NZERA_Auckland_294.pdf [pdf 220 KB] |