| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 150A/03 |
| Hearing date | 26 Nov 2003 |
| Determination date | 05 December 2003 |
| Member | G J Wood |
| Representation | C Heaton ; M Cheng (In person) |
| Location | Wellington |
| Parties | Man v Michael Cheng Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Sale of business - Whether applicant redundant - Informed of redundancy abruptly by termination letter - Non-payment of final wages and holiday pay - Alleged promised position with new employer - Effect of sale of business made all employees redundant - Employment agreement personal to parties and could not be assigned - Redundancy genuine - Promises by new employer not responsibility of respondent - Promises by respondent unwarranted - Breaches by respondent failing to consult, pay final money owed and insensitive handling of redundancy - Dismissal unjustified - Remedies - Entitled to reimbursement for final money not paid - Remedies to take into account serious financial difficulties of respondent |
| Result | Application granted ; Reimbursement of lost wages ($2,257.29) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601 |
| Number of Pages | 6 |
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