Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 44/04
Hearing date 21 Jan 2004
Determination date 16 April 2004
Member P Montgomery
Representation T Nicholls ; S McIntosh
Location Christchurch
Parties Hamlin v ESOL International (Christchurch) Ltd
Summary UNJUSTIFIED DISMISSAL - Redundancy - Intention to restructure respondent to establish franchise operation - No buyer for franchise - Respondent insolvent - Letter notifying applicant of redundancy - Redundancy substantively justified - Failure to engage applicant in credible consultation process - Personal grievance established - ARREARS FOR WAGES AND HOLIDAY PAY - Unlawful deduction in salary without written consent - Paid by respondent when statement of reply filed - No arrears owing - Recruitment officer and teacher
Result Application granted (Unjustified dismissal) ; Application dismissed (Arrears) ; Compensation for humiliation, etc ($2,500) ; Costs reserved
Number of Pages 6
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