| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 67/05 |
| Hearing date | 8 Nov 2004 |
| Determination date | 23 February 2005 |
| Member | Y S Oldfield |
| Representation | M O'Brien ; S Kalinowski |
| Location | Auckland |
| Parties | Mortland v Mandalay Technologies Pty Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant told by respondent that she was redundant - No notice given - Respondent acknowledged had failed to comply with requirements of procedural fairness and failed to pay holiday pay owed - Remedies - Ordered by consent that respondent to pay applicant arrears of one month's notice and holiday pay - Applicant claimed loss of benefit of opportunity to earn commission of AUD$1,340 on sales closed during what would have been notice period - Could not be known if applicant would have had same success at closing sales as respondent - Compensation of $500 awarded for loss of chance - Applicant sought payment to be made to third party landlord, whose office space she used while engaged in respondent's business - Novel proposal and Authority not satisfied it could make order requested - Amounts awarded to be offset by consent against monies applicant agreed she owed respondent |
| Result | Application granted ; Arrears of wages ($8,000)(one month's notice) ; Arrears of holiday pay ($668) ; Compensation for loss of benefit ($500)(commission) ; Compensation for humiliation etc ($5,000) ; Counterclaim granted ; Other monies offset (AUD$300)(phone and router) ; ($2,528)(GST); Costs reserved |
| Number of Pages | 5 |
| PDF File Link: | aa 67_05.pdf [pdf 27 KB] |