| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 69 |
| Hearing date | 8 & 9 Mar 2016 (2 days) |
| Determination date | 16 June 2016 |
| Member | Trish MacKinnon |
| Representation | M Richards, A Chote ; G Brant |
| Location | Wellington |
| Parties | Sunder v Vasona Networks Inc |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent had genuine business reasons for redundancy due to lack of sales. Respondent failed to provide applicant with all relevant information. Fair and reasonable employer could not rely on applicant’s assumed knowledge of financial information. Respondent led applicant to believe whole operation shut down in region, but some employees redeployed. Applicant not offered redeployment. Dismissal unjustified. REMEDIES: No contributory conduct. $10,000 compensation appropriate. |
| Result | Application granted ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A);ERA s103A;ERA s125;ERA s126;ERA s174E(b)(i) |
| Cases Cited | Rittson-Thomas t/a Totara Hills Farm v Davidson [2013] NZEmpC 39, [2013] ERNZ 55 |
| Number of Pages | 11 |
| PDF File Link: | 2016_NZERA_Wellington_69.pdf [pdf 234 KB] |