| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 114 |
| Hearing date | 12-Jul-16 |
| Determination date | 14 July 2016 |
| Member | Helen Doyle |
| Representation | T Jackson, K Beazley; No appearance |
| Location | Timaru |
| Parties | McNoe v O'Neill Earthworks Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – COSTS – Applicant sought contribution towards costs – No appearance for respondent – Manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent seized on opportunity to dismiss applicant because of financial difficulties. Applicant was not given information to verify financial status of company. Applicant had no time or opportunity to discuss financial situation with respondent. Respondent continued to employ people after applicant’s dismissal. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $4,500 reimbursement of lost wages. $9,000 compensation for humiliation etc appropriate.;COSTS: Less than one day investigation meeting. Authority found case relatively straightforward. Respondent to pay applicant $1,200 contribution towards costs. |
| Result | Applications granted ; Reimbursement of lost wages ($4,500.08) ; Compensation for humiliation etc ($9,000) ; Cost in favour of applicant ($1,200) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s123(1)(b);ERA s123(1)(c)(i) |
| Cases Cited | Boobyer v Good Health Wanganui Ltd EmpC WEC3A/94, 11 April 1994 |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Christchurch_114.pdf [pdf 228 KB] |