| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 77/03 |
| Hearing date | 12 Dec 2002 |
| Determination date | 20 March 2003 |
| Member | K J Anderson |
| Representation | A Simperingham ; J Bunbury |
| Location | Auckland |
| Parties | Kapene v Fruitworx Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Whether genuine - Whether procedurally fair - Undertook parental leave and agreed to return to part-time position - Dismissed while on leave - Alleged dismissed due to personality conflict with director's wife - Redundancy genuine restructuring - Ability to work only part-time made applicant genuine candidate for dismissal - Dismissed by letter - Dismissal procedurally unfair - Remedies - No lost wages as dismissal substantively justified - Minimal hurt and humiliation warranted lower than usual award - Office administrator |
| Result | Application granted ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Cases Cited | New Zealand Fasteners Stainless Ltd v Thwaites [2000] 1 ERNZ 739; [2000] 2 NZLR 565 |
| Number of Pages | 6 |
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