| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 115/05 |
| Hearing date | 17 Jun 2005 - 24 Jun 2005 (2 days) |
| Determination date | 12 July 2005 |
| Member | G J Wood |
| Representation | G Dewar ; S Dalzell |
| Location | Wellington |
| Parties | Aaltonen v Radfords Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Occurred after 1 December 2004 - Respondent suffered financial difficulties - Applicant employed without authority by assistant manager (applicant's uncle) on three month fixed term contract - When respondent discovered situation it believed employment agreement void or invalid - Lack of work for applicant - Fixed term agreement contained redundancy clause - Respondent sought to reduce applicant's hours of work but applicant did not agree - Employment terminated on grounds of redundancy - Applicant was consulted over course of several weeks and respondent explored alternative options - Respondent did not act on belief of invalidity to terminate employment but instead utilised redundancy clause - Acted as fair and reasonable employer would have done in circumstances - Dismissal justified on grounds of redundancy |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 7 |
| PDF File Link: | wa 115_05.pdf [pdf 33 KB] |