Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 310/04
Hearing date 1 Jun 2004
Determination date 24 September 2004
Member Y S Oldfield
Representation M O'Brien ; P Alba
Location Auckland
Parties Pereira v New Zealand Cambridge Academy Ltd
Summary UNJUSTIFIED DISMISSAL - Redundancy - Respondent faced major difficulties - Number of children in applicant's class sometimes as few as one - Decision made to dismiss applicant - No discussions with applicant about termination - Genuine and commercial reasons for redundancies - Selection criteria not clear and objective - Selection of applicant over colleagues not shown to be justified - Failed to show substantive justification for dismissal - Consultation as such impracticable in present case - Failure to disclose selection criteria compounded by complete absence of any explanation or basic courtesy - Dismissal unjustified - Teacher
Result Application granted ; Reimbursement of lost wages ($7,429.45)(10 weeks) ; Compensation for humiliation etc ($4,000) ; Costs reserved
Number of Pages 6
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