| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 268/04 |
| Hearing date | 14 Jul 2004 |
| Determination date | 26 August 2004 |
| Member | V Campbell |
| Representation | J Atkinson ; A Sharp |
| Location | Auckland |
| Parties | McGuire v Rubber Flooring (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Alleged need to restructure three related companies to increase profitability - Two month consultation process - Applicant's sales position made redundant - Offer of new commission only sales position - On balance of probabilities applicant was employed by respondent not other related company - Genuine commercial reasons for redundancy - Dismissal substantively and procedurally justified - RECOVERY OF MONIES - Applicant received sum of money from respondent prior to redundancy - Evidence showed money intended as loan to enable applicant to pay off credit card - Monies due and owing and to be repaid by applicant within 28 days of determination |
| Result | Application dismissed (Applicant) ; Application granted (Respondent) ; Other monies in favour of respondent ($2,274.84) ; Costs reserved |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601 ; [1998] 3 NZLR 276;Coutts Cars Ltd v Baguley [2001] ERNZ 660 ; [2002] 2 NZLR 533;GN Hale & Sons Ltd v Wellington Taranaki and Nelson Caretakers etc IUOW [1991] 1 NZLR 151 |
| Number of Pages | 9 |
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