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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