| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 30 |
| Hearing date | 29-Aug-16 |
| Determination date | 28 April 2017 |
| Member | M Ryan |
| Representation | J Bergseng ; Y Lee |
| Location | Wellington |
| Parties | Parsons v Ping Ltd t/a Esquires Coffee |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – COSTS – Applicant sought contribution towards costs - Caf� worker |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Redundancy for genuine commercial reasons. Procedure to determine applicant’s position redundant flawed by failure to advise that would be selected using ‘last on, first off’ and not allowing opportunity to comment. Respondent did not act as fair and reasonable employer. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $2,160 compensation for lost wages. Respondent to pay applicant $4,000 compensation for distress.;COSTS: Applicant entitled to contribution towards costs. Less than one day investigation meeting. No complex procedural or legal issues. Appropriate to apply daily tariff proportionate to time required. Respondent to pay applicant $2,500 contribution towards costs. |
| Result | Applications granted ; Reimbursement of lost wages ($2,160); Compensation for distress ($4,000) ; Costs in favour of applicant ($2,500) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c) ; ERA s103A(2) ; ERA s174(3) ; ERA s174(4) ; ERA s17E(b)(i) ; ERA Second Schedule cl10(1) |
| Number of Pages | 10 |
| PDF File Link: | 2017_NZERA_Wellington_30.pdf [pdf 189 KB] |