| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 158/03 |
| Hearing date | 7 Apr 2003 |
| Determination date | 03 June 2003 |
| Member | D King |
| Representation | H Jordaan ; C Bormans |
| Location | Auckland |
| Parties | Scholtz v Marcus Evans (New Zealand) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant transferred to New Zealand - Respondent made decision to restructure business - Applicant called to meeting where was advised his position had been made redundant - No prior indication of redundancy - No fixed term contract - Redundancy not genuine - Should have consulted about proposed redundancy - Alternative employment offers after dismissal would have amounted to demotions - ARREARS OF WAGES, HOLIDAY PAY AND OTHER MONIES - Respondent agreed to pay medical insurance - No jurisdiction for claims for reimbursement of airline tickets and transport of household affects - Claim for lost benefit that applicant had been denied opportunity to establish himself in New Zealand not compensable - Holiday pay due and owing - Contract provided that applicant was to pay back relocation expenses if employment ended voluntarily or involuntarily within 12 months - Involuntarily must have meant legally involuntarily - Amount not to be deducted from monies owed - Respondent agreed to pay two months redundancy pay - Leave reserved if difficulty calculating amounts owed - PENALTY - Penalty sought for failure to provide wages and time records - Records were ultimately provided - No penalty awarded |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined by parties)(3 months) ; Compensation for humiliation etc ($15,000) ; Other monies owing ($2,580)(Medical insurance) ; Redundancy pay (Quantum to be determined by parties) ; Costs reserved |
| Statutes | ERA s4(1)(a);ERA s4(1)(b);ERA s4(4)(e);ERA s65;ERA s130(4);ERA s161(r) |
| Cases Cited | Air New Zealand Ltd v Raddock [1999] 2 NZLR 641;Australian Guarantee Corporation (NZ) Ltd v Seers unreported, Master Williams QC, High Court Auckland, CP 750/89;Mears v Safe Car Security Ltd [1982] 2 All ER 865;NZ Merchant Service Guild IUOW v NZ Rail Ltd [1991] 2 ERNZ 587;Snow v Container Terminals Ltd [2000] 1 ERNZ 454 |
| Number of Pages | 9 |
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