| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 231/04 |
| Hearing date | 22 Jun 2004 |
| Determination date | 14 July 2004 |
| Member | M Urlich |
| Representation | M Treen ; P Wijayaratne |
| Location | Auckland |
| Parties | Machin v Serendib Enterprises Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Restructuring resulted in proposal to reduce staff hours of work - Applicant failed to respond to proposal - Respondent requested applicant's keys under pretext of securing premises - Proceeded to dismiss applicant - Respondent obliged to select redundant employee after fair and reasonable selection process - Failure to discuss selection criteria or give applicant opportunity to comment - Dismissal unjustified - Remedies - Applicant failed to mitigate loss - Appropriate to award one month's lost wages discounted for money already received - Part-time sales assistant |
| Result | Application granted ; Reimbursement of lost wages (2 weeks) ; Compensation for humiliation etc ($1,500) ; Costs reserved |
| Statutes | ERA s4 |
| Cases Cited | GN Hale & Son Ltd v Wellington etc Caretakers etc IUOW [1990] 2 NZILR 1079; [1991] 1 NZLR 151 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |