| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 162/03 |
| Hearing date | 18 Mar 2003 |
| Determination date | 05 June 2003 |
| Member | K J Anderson |
| Representation | H Thorpe ; No appearance |
| Location | Auckland |
| Parties | Tunnicliffe v Protocol Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - No appearance for respondent - Identity of employer - Respondent in financial difficulties - Applicant informed while on leave that respondent in receivership and employment terminated - Encouraged not to seek alternative employment in case job became available with related company - Genuine redundancy - No consultation - No reasonable notice of pending redundancy - Should have been told to seek alternative employment - Dismissal unjustified - Remedies - Entitled to one week's wages in lieu of notice - ARREARS OF WAGES AND HOLIDAY PAY - Wages and holiday pay due and owing |
| Result | Application granted ; Reimbursement of lost wages ($705)(One week) ; Compensation for humiliation etc ($2,000) ; Arrears of wages ($2,115)(3 weeks) ; Arrears of holiday pay ($2,820)(4 weeks) ; Costs reserved |
| Statutes | ERA Second Schedule cl12 |
| Cases Cited | Northern Clerical IUOW v Lawrence Publishing Company of NZ Ltd and John Tony Holdings Ltd and Anor [1990] 1 NZILR 717;Salomon v Salomon & Co Ltd [1897] AC 22 |
| Number of Pages | 5 |
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