Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 125/03
Hearing date 17 Nov 2003
Determination date 18 November 2003
Member P Cheyne
Representation W Martin ; No appearance
Location Christchurch
Parties Martin v The Last Footwear Company Shoemakers Ltd
Summary UNJUSTIFIED DISMISSAL - No appearance for respondent - Redundancy - Sale of business - Condition of sale all employment agreements terminated - Possible employment with new owner - Informed of same day redundancy by new owner - Dismissal amounted to summary dismissal - No consultation - Informed of dismissal by third party inappropriate - Failure to provide appropriate notice - Dismissal unjustified - Remedies - Entitled to payment in lieu of notice - JURISDICTION - Alleged worked as manager without pay increase - No jurisdiction to fix new terms and conditions - Manager
Result Application granted ; Reimbursement of lost wages ($814)(2 weeks) ; Compensation for humiliation etc ($6,500) ; Costs in favour of applicant ($70)(Filing fee)
Cases Cited ERA s161(2);ERA Second Schedule cl12
Number of Pages 3
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