| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 55/05 |
| Hearing date | 22 Feb 2005 |
| Determination date | 04 April 2005 |
| Member | G J Wood |
| Representation | G Gowland ; M Hammond |
| Location | Wellington |
| Parties | Mark v Power Farming (Wholesale) Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Clear from discussions between respondent and applicant that applicant dissatisfied with decision to make him redundant and wanted compensation - Grievance raised in time - UNJUSTIFIED DISMISSAL - Redundancy - Short period of employment - Applicant made redundant less than one month after commenced employment - Respondent put in place full and fair process to follow but did not follow process with applicant - Procedurally unfair - Substantively justified - Unjustified dismissal - Applicant was given false hope that employment would continue when told not to attend important meeting - Alleged misleading and deceptive conduct under Fair Trading Act - Alleged promise" of long term employment - Applicant not employed in knowledge staff numbers would have to be reduced soon after employment - Position only came into question after employed - No representations made that would not be redundancies - Claim dismissed" |
| Result | Application granted (raising personal grievance) ; Application granted (unjustified dismissal) ; Compensation for humiliation etc ($9,000) ; Application dismissed (Fair Trading Act claim) ; Costs reserved |
| Statutes | Fair Trading Act 1986 |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Kluskens v James Hardy Building Services and Technology NZ Ltd unreported, Travis J, 9 May 1997, AEC 36/97;Ruebe-Donaldson v Sky Network Television Ltd [2004] 2 ERNZ 83;Winstone Wallboards Ltd v Samate [1993] 1 ERNZ 503 |
| Number of Pages | 11 |
| PDF File Link: | wa 55_05.pdf [pdf 49 KB] |