| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 79/01 |
| Determination date | 04 July 2001 |
| Member | R A Monaghan |
| Representation | H Thorpe ; G Pollak |
| Location | Auckland |
| Parties | Brain v New Zealand Cashflow Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Agreement concluded with contractors after trial period - All telemarketers' positions became redundant including applicant's - At meeting telemarketers told of decision and reasons for it - At individual meeting applicant given 2 weeks pay in lieu of notice - Did not express dissatisfaction with situation - Whether should have been considered for redeployment - Two other telemarketers remained employed - Special circumstances - No unfairness in respect of redeployment - No consultation - Ignored obvious signs of redundancy - Consultation would have made no difference - Whether reasonable period of notice - No written contract - Necessary to imply reasonable notice period - Due to speed of redundancy and it being Christmas time reasonable notice was 4 weeks - Failure to give reasonable notice rendered dismissal unjustified - Short period of notice contributed to injury to feelings - Telemarketer |
| Result | Application granted ; Reimbursement of lost wages ($980) ; Compensation for humiliation etc ($1,000) ; Costs reserved |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601 |
| Number of Pages | 5 |
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