| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 341 |
| Hearing date | 25 Oct 2017, 27 Oct 2017 (2 days) |
| Determination date | 01 November 2017 |
| Member | J Trotman |
| Representation | A Wood (in person) ; T Du |
| Location | Auckland |
| Parties | Wood v Xin Ye Art Ltd |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unjustifiably disadvantaged by respondent failing to consult her over redundancy and failing to inform her the business had closed – ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – Florist |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE: Genuine reasons for redundancy. Procedure followed by respondent flawed. No consultation of applicant prior to termination of employment. No opportunity for applicant to provide input into decision to close down business. Respondent’s decision to dismiss and failure to consult was not what a fair and reasonable employer could have done. Dismissal unjustified. Same factual matrix relied upon in applicants claim for unjustified disadvantage. No entitlement to two separate streams of relief. No unjustified disadvantage. REMEDIES: No contributory conduct. Respondent to pay applicant $950 reimbursement of lost wages. $3,000 compensation appropriate. ARREARS OF HOLIDAY PAY: Applicant not paid annual leave during initial 125 hours of work. Respondent to pay applicant $160 arrears of holiday pay. |
| Result | Application granted (unjustified dismissal) ; Reimbursement of lost wages ($950.40) ; Compensation for humiliation etc ($3,000) ; Arrears of holiday pay ($160) ; Disbursements in favour of applicant ($71.56) ; Application dismissed (unjustified disadvantage) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c);ERA s103A;ERA s103A(5);ERA s124;ERA s174E |
| Cases Cited | Grace Team Accounting Ltd v Brake [2014] NZCA 541;Simpson Farms Ltd v Aberhart [2006] ERNZ 825 (EmpC);Stormont v Peddle Thorp Aiken Ltd [2017] NZEmpC 71;Waitakere City Council v Ioane [2004] 2 ERNZ 194 (CA) |
| Number of Pages | 10 |
| PDF File Link: | 2017_NZERA_Auckland_341.pdf [pdf 120 KB] |