| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 195/03 |
| Hearing date | 15 May 2003 |
| Determination date | 24 June 2003 |
| Member | J Scott |
| Representation | A Hope ; Thorpe |
| Location | Auckland |
| Parties | Bartlett v Peter Sherry Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Whether genuine and procedurally fair - Undertook leave due to stress-related illness caused by relationship with manager - Manager demanded specific details of illness - Dismissed following week for redundancy - Message of termination left on applicant's answer phone - Redundancy not genuine - Related to performance and compatibility issues - Redundancy devoid of procedural fairness - Dismissal unjustified |
| Result | Application granted ; Reimbursement of lost wages ($4,808.17) ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Christchurch City Council v Davidson [1996] 2 ERNZ 1 ; [1997] 1 NZLR 275;Coutts Cars Ltd v Baguley [2001] ERNZ 660;G N Hale & Son Ltd v Wellington etc Caretakers etc IUOW [1991] 1 NZLR 151;New Zealand Fasteners Stainless Ltd v Thwaites [2000] 1 ERNZ 739; [2000] 2 NZLR 565 |
| Number of Pages | 7 |
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