| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 177/03 |
| Hearing date | 26 Nov 2003 |
| Determination date | 22 December 2003 |
| Member | P R Stapp |
| Representation | K Pascoe ; W Smith |
| Location | New Plymouth |
| Parties | Williams v Te Atiawa Kaumatua Kaunihera Trust |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Procedural fairness - Health organisation arranged placement for applicant with respondent - Applicant and manager of respondent signed employment agreement - Conditional on funding from government agencies - Funding not forthcoming - Trustees of respondent unaware of employment agreement - Trustees dismissed applicant - Lack of knowledge did not absolve respondent from responsibilities under agreement - Advance notice should have been given so that support person could have been present - Failed to give notice in writing as required - No opportunity for input into decision - Procedural defects - Dismissal unjustified - COSTS - Successful personal grievance - ï¾½ day investigation meeting - Applicant legally aided - Legal aid amount $1,920 - Sixty percent contribution appropriate |
| Result | Application granted ; Compensation for humiliation etc ($2,500) ; Costs in favour of applicant ($1,152) |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |