| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 149/03 |
| Hearing date | 7 Apr 2003 |
| Determination date | 23 May 2003 |
| Member | R A Monaghan |
| Representation | SB Huggard (In person) ; G Pollak |
| Location | Auckland |
| Parties | Huggard v Charter Merchantile NZ Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Whether genuine and procedurally fair - Company ceased trading due to significant losses - Parent company set up new operation undertaking similar work - Alleged redundancy to avoid having to transfer 30 percent of shares to applicant as agreed - Redundancy genuine - Company could not afford to have kept applicant's position - New company did not have similar position as applicant's previous one - No ulterior motive for redundancy - Consultation adequate for dire circumstances - Alternatives to redundancy not viable in circumstances - Failure to transfer shares - Share transfer negotiated instead of bonus payment - Not feasible to transfer shares - Company in dire financial situation - Shares were worthless - Dismissal justified - PENALTY - Alleged breach of employment agreement for failure to transfer shares - Shares worthless - Penalty inappropriate - ARREARS OF WAGES - Alleged non-payment of one month's notice - Notice was for two weeks - Payment not reconciled by wage records - Respondent to provide evidence of payment by specified date |
| Result | Application dismissed ; Orders accordingly ; Costs reserved |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |