| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 202/03 |
| Hearing date | 20 May 2003 |
| Determination date | 01 July 2003 |
| Member | D King |
| Representation | B Spong ; L Turner |
| Location | Auckland |
| Parties | Sycamore v Amourguard Security Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Whether procedurally fair - Whether redeployment offered - Informed of redundancy by meeting - No consultation - No prior notice of content of meeting - Refused opportunity to defer meeting to allow for preferred representative to attend - Insufficient evidence of offer of redeployment - Dismissal lacking in any procedural fairness - Dismissal unjustified - Remedies - Failure to consult regarding redeployment - Uncertain whether redundancy could have been avoided - Entitled to lost wages - Entitled to costs incurred due to failure to pay final day's pay - Loss benefit - Lost company car - ARREARS OF WAGES - Whether entitled to bonus - Alleged bonus only for full financial year's employment - Bonus not term of employment agreement - Uncertainty regarding terms of bonus - Claim not established - Marketing coordinator |
| Result | Application granted (Unjustified dismissal) ; Application dismissed (Arrears of wages) ; Reimbursement of lost wages ($11,250) ; Compensation for humiliation etc ($10,000) ; Loss of benefit ($4,064.13)(Car and costs incurred) ; Costs reserved |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601 |
| Number of Pages | 4 |
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