| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 133/01 |
| Determination date | 17 September 2001 |
| Member | A Dumbleton |
| Representation | A Flexman ; M Adler |
| Location | Auckland |
| Parties | Schierling v Russell Drysdale & Thomas Ltd t/a RDT Pacific |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Whether genuine - Disputed reimbursement of vehicle and cellular telephone expenses during employment - Advised of possibility of restructuring and asked for input - Attempted to discuss redeployment - Alleged personal considerations caused dismissal - Credibility - Respondent's evidence preferred - Genuine commercial reasons for redundancy - No vindictiveness towards applicant - Dismissal justified - ARREARS OF WAGES - Commission calculated incorrectly - Parties to determine quantum of outstanding commission - Business development manager |
| Result | Application dismissed (Personal grievance) ; Application granted (Arrears of wages) ; Orders accordingly ; Costs reserved |
| Cases Cited | Baguley v Coutts Cars Ltd [2000] 2 ERNZ 409 |
| Number of Pages | 8 |
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