| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 301 |
| Hearing date | 24-Sep-15 |
| Determination date | 29 September 2015 |
| Member | Vicki Campbell |
| Representation | K Usmar ; B Gittings |
| Location | Auckland |
| Parties | Tunnell v The Riv Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably dismissed by respondent - ARREARS OF WAGES – Applicant sought arrears of wages - Chef |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent did not discuss concerns about applicant’s hours with applicant. Applicant accepted offer of new position but found position unavailable when due to begin trial. Respondent failed to provide applicant with all relevant information or opportunity to comment. Respondent did not give applicant any prior notice of redundancy. Breaches more than minor. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $7,020 reimbursement of lost wages. $4,000 compensation appropriate.;ARREARS OF WAGES: Parties resolved matter between themselves. Respondent to pay applicant $320 arrears of wages. |
| Result | Applications granted ; Orders made ; Reimbursement of lost wage ($7,020) ; Compensation for humiliation etc ($4,000) ; Arrears of wages ($320.76) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A(3);ERA s124;ERA s128(2);ERA s174E |
| Number of Pages | 6 |
| PDF File Link: | 2015_NZERA_Auckland_301.pdf [pdf 164 KB] |