| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2018] NZERA Auckland 13 |
| Hearing date | 26-Sep-17 |
| Determination date | 15 January 2018 |
| Member | R Arthur |
| Representation | W Reid ; K Ashcroft |
| Location | Tauranga |
| Parties | Smith v Wildzog Investments Ltd |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unjustifiably disadvantaged by respondents actions – Account Manager |
| Abstract | AUTHORITY FOUND – UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE: Applicant unjustifiably disadvantaged by respondent changing his role from accounts manager to a sales-focussed role without consultation. Change of role and change of pay rate was a unilateral variation of terms and conditions. Process leading to dismissal for redundancy was unfair. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $11,639 reimbursement of lost wages. $12,000 compensation appropriate. |
| Result | Applications granted ; Reimbursement of lost wages ($11,639) ; Compensation for humiliation etc ($12,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Companies Act 1993 s318 Companies Act 1993 s321 Companies Act 1993 s329 ERA s124 ERA s128(2) ERA s128(3) ERA s174 |
| Cases Cited | Dellaway-Smith v Wildzog Investments Ltd [2017] NZERA Auckland 163 Dellaway-Smith v Saunders [2018] NZERA Auckland 12 Fagotti v Acme & Co Ltd [2015] NZEmpC 135 Hall v Dionex Pty Ltd [2015] NZEmpC 29 PBO Ltd (formerly Rush Security) v Da Cruz [2015] ERNZ 808 (EmpC) Sam’s Fukuyama Food Services Ltd v Zhang [2011] NZCA 608 Xtreme Dining Ltd v Dewar [2016] NZEmpC 136 |
| Number of Pages | 13 |
| PDF File Link: | 2018_NZERA_Auckland_13.pdf [pdf 339 KB] |