| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 129/05 |
| Hearing date | 11 Apr 2005 |
| Determination date | 13 April 2005 |
| Member | L Robinson |
| Representation | C Tulagi (in person) ; C Jang (in person), J Jang (in person) |
| Location | Auckland |
| Parties | Tulagi v Jang and Anor |
| Other Parties | Jang |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Under employment agreement applicant designated a casual worker on call seven days - Applicant's employment had features of regularity and permanence and was not casual but flexible part-time - Respondents proposed to contract out motel's cleaning on fixed price contract - Offered contract to applicant and her family but they declined - Respondents entitled to make genuine commercial decision - However decision to terminate applicant's employment had to be carried out in fair and reasonable manner - Offer of contract to applicant did not constitute proper and sufficient consultation about her particular employment - Dismissal procedurally unjustified - Senior housekeeper |
| Result | Application granted ; Compensation for humiliation etc ($3,000) ; No order for costs; Disbursements ($70)(filing fee) |
| Number of Pages | 4 |
| PDF File Link: | aa 129_05.pdf [pdf 30 KB] |