| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 275/04 |
| Hearing date | 10 Feb 2004 - 19 Apr 2004 (2 days) |
| Determination date | 31 August 2004 |
| Member | R A Monaghan |
| Representation | D Featonby (in person) ; A Sharp |
| Location | Auckland |
| Parties | Featonby v Club Physical Holdings Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant made redundant four months after employment began - Some poor performance issues raised during employment - Respondent under financial pressure - Nothing to indicate termination based on performance concerns - Redundancy imposed for genuine commercial reasons - Initial letter indicating possibility of redundancy not evidence of predetermination - Consultation obligations satisfied - Redundancy procedurally fair - Dismissal justified - ARREARS OF WAGES - Applicant sought contractual bonus entitlement based on percentage of quarterly profit - Evidence indicated loss in relevant quarter - No bonus payment owed - Group sales manager |
| Result | Applications dismissed ; Costs reserved |
| Statutes | ERA s66 |
| Number of Pages | 7 |
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