Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 121/04
Hearing date 2 Apr 2004 - 5 Apr 2004 (2 days)
Determination date 14 April 2004
Member M Urlich
Representation G Pollak ; I Davidson
Location Auckland
Parties Sherwin v Shopper Anonymous New Zealand
Summary UNJUSTIFIED DISMISSAL - Redundancy - Genuine redundancy - Although work still had to be performed did not mean position remained - Redundancy procedure in employment agreement not followed - Breach of good faith obligations by giving inaccurate information about meeting - Dismissal procedurally unjustified - Remedies - No position to reinstate to - As redundancy genuine no lost remuneration resulted from personal grievance - Entitled to one month car allowance as part of pay in lieu of notice - No agreement on how bonus to be calculated - Bonus to be calculated as employer saw fit - No bonus payable - General Manager
Result Application granted ; Compensation for humiliation etc ($5,000) ; Car allowance ($800)
Number of Pages 7
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