| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 269/03 |
| Hearing date | 1 Sep 2003 |
| Determination date | 04 September 2003 |
| Member | R A Monaghan |
| Representation | M Nutsford ; J Hobbs |
| Location | Auckland |
| Parties | Blockley and Anor v Kensington Consulting Group Ltd |
| Other Parties | Tuckley |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Genuine redundancy - First applicant made aware of redundancy by co-worker as sick on day respondent attempted to inform her - Whether lack of consultation - Not case where applicants in position to suggest alternatives - Provision of information adequate - Respondent miscommunication meant first applicant not offered part time contract work which was offered to someone else - Failure to offer work meant dismissal unjustified - Second applicant's dismissal justified - ARREARS OF WAGES AND OTHER MONIES - Alleged underpayment of notice period - Whether one months notice 28 days or calendar month - Month meant calendar month - Entitled to 3 days pay not worked plus holiday pay on that amount - Alleged owed one month's salary in accord with employment agreement - Entitled to lump sum payment of one month's salary upon termination - Order that no person use or disclose any of detailed evidence about clients, potential clients and financial position of respondent, with particular reference to the initiative referred to in determination - Office administrator and geographical information systems analyst |
| Result | Application granted (Unjustified dismissal)(SB) ; Compensation for humiliation etc ($1,000); Application dismissed (unjustified dismissal)(PT) ; Application granted (Arrears of wages) (Three days owing for each applicant plus holiday pay on that amount) ; (Other monies)(One month salary for each applicant) ; Costs reserved |
| Cases Cited | Coutts Cars Ltd v Baguley [2001] ERNZ 660 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |