| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 177/04 |
| Hearing date | 18 Nov 2004 |
| Determination date | 22 December 2004 |
| Member | G J Wood |
| Representation | GW Calver ; SJ Webster |
| Location | Wellington |
| Parties | Watts v Stevenson and Anor |
| Other Parties | Stevenson |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Respondent decided to lease out farm and make applicant redundant - After incident where applicant towed unlicensed and unregistered vehicle using farm vehicle respondent gave applicant three months' notice - Business decision respondent entitled to make - Genuine redundancy - Extent of consultation necessary had to be realistically assessed given applicant's relatively low level - Respondent required to implement redundancy in fair and sensitive way - Redundancy notice given in anger - Notice brought forward by farm vehicle incident - Personal grievance in manner of dismissal - Remedies - Lost remuneration for 45 days as redundancy notice given earlier than should have been - Contributory conduct - Applicant not responsible for pre-emptory way respondent handled dismissal - OTHER MONIES - Applicant alleged respondent should refund him purchase price of dogs which he purchased from respondent - Ownership of dogs remained with respondent while applicant employed - No monies owing - Farm manager |
| Result | Application granted ; Reimbursement of lost wages ($1,232.88) ; Compensation for humiliation etc ($6,500) ; Costs reserved |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Coutts Cars Ltd v Baguley [2001] ERNZ 660 ; [2002] 2 NZLR 533;New Zealand Fasteners Stainless Ltd v Thwaites [2000] 1 ERNZ 739 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |