Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 76/01
Determination date 01 November 2001
Member P R Stapp
Representation E Eastwood ; No appearance
Location Wellington
Parties Paine v Mani t/a Future Talk
Summary UNJUSTIFIED DISMISSAL - Redundancy - No appearance for respondent - Identity of employer - Whether employed by company or respondent personally - Told over telephone store would be closing - Evidence indicated named respondent was employer - No consultation - No explanation or reason for termination - Minimal notice of termination of employment - 3 days notice was inadequate - No justification - No evidence of fair process - Dismissal was unjustified - Arrears of wages due and owing - Sales consultant
Result Application granted ; Reimbursement of lost wages ($5,460)(3 months) ; Compensation for humiliation etc ($8,000) ; Arrears of wages ($1,100) ; Costs in favour of applicant ($2,000)
Statutes ERA s123;ERA s124;ERA s128;ERA s131
Cases Cited Baguley v Coutts Cars Ltd [2000] 2 ERNZ 409
Number of Pages 4
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