| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 8/04 |
| Hearing date | 1 Oct 2003 |
| Determination date | 23 January 2004 |
| Member | P Montgomery |
| Representation | S Vidal ; D Lloyd |
| Location | Christchurch |
| Parties | Luff v Veronica Park Holdings Ltd t/a Gold Ridge Hotel (Queenstown) |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Identity of employer - One respondent struck out as employment relationship was between applicant and named respondent - Change in management - Meeting to discuss issues concerning applicant - Three performance issues put to applicant including that applicant was rude and that were complaints from guests - Applicant denied issues raised - Informed position disestablished with immediate effect - Respondent not entitled to alter direction of meeting to focus on redundancy - Initial purpose of meeting to correct performance shortfalls not to dismiss applicant - Respondent acted inappropriately in declaring position redundant without consultation - Unjustified dismissal - Given financial state of respondent redundancy might have been justifiable ground but prospect not raised prior to meeting - Remedies - 40 percent contributory conduct - Applicant's denial that performance issues raised in meeting had not been raised previously not accepted - Applicant's denials provoked respondent to turn to alternative means of resolving issues - Manager |
| Result | Application granted ; Reimbursement of lost wages ($4,096.77 reduced to $2,458.06)(3 months) ; Compensation for humiliation etc ($5,000 reduced to $3,000) ; Costs reserved |
| Statutes | ERA s124 |
| Number of Pages | 6 |
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