| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 88A/04 |
| Hearing date | 13 Oct 2004 |
| Determination date | 14 October 2004 |
| Member | D Asher |
| Representation | L Highfield ; no appearance |
| Location | New Plymouth |
| Parties | Munro v Village New Plymouth Ltd t/a Highlands Lodge |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - No appearance for respondent - Staff review and restructure - Alleged was advised no redundancies - Applicant was told staff numbers had to be cut at meeting- Informed she did not fit their criteria and was no job for her - No advice given of assessment process or criteria applied - Position later filled by another person - Did not receive two weeks' wages as promised -Termination seriously defective in respect of proper notice - Inadequate consultation - Misleading information and representations - Applicant afforded no opportunity to be represented or make effective contribution to decision making process - Process in breach of requirements of s4 Employment Relations Act - Not genuine redundancy - Corporate veil lifted - Appropriate to exercise equity and good conscience jurisdiction to permit applicant to recover awards made by Authority against 2nd respondents - Not prepared to allow applicant to recover awards made against any of the second respondent group of companies - Matter best addressed in event of compliance difficulties - PENALTY - Not satisfied penalty appropriate |
| Result | Application granted ; Reimbursement of lost wages ($8,355.70) ; Interest (Quantum to be determined by parties with leave reserved to refer matter back to Authority if necessary) ; Compensation for humiliation etc ($15,000) ; Costs reserved |
| Statutes | ERA s4;ERA s4(4);ERA s157;ERA s173 |
| Cases Cited | BP Oil NZ Ltd v Northern Distribution Workers Union [1989] 3 NZILR 276 ; [1989] 3 NZLR 580;Communication & Energy Workers Union Inc v Telecom NZ Ltd [1993] 2 ERNZ 429;Northern Clerical Workers IUOW v Lawrence Publishing Company of New Zealand Ltd & Ors [1990] 1 NZILR 717;Smith, Stone & Knight Ltd v Birmingham Corporation [1939] 4 All ER 116 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |