| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 351/05 |
| Hearing date | 18 May 2005 |
| Determination date | 12 September 2005 |
| Member | D King |
| Representation | P Pa'u ; no appearance |
| Location | Auckland |
| Parties | Eilsara and Anor v Alfords Door Centre Ltd |
| Other Parties | Nimo |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - No appearance by respondent - Applicants had worked for respondent for 15 years and 26 years - Respondent ceased to be applicants' employer and business taken over by another company - No formal notice given to applicants about change - Alleged respondent's director refused to speak to them - Applicants unjustifiably disadvantaged by failure to consult about prospective redundancies and act in good faith - Employment agreements offered by new owner did not make provision for annual bonuses or tool allowances - Unjustified dismissal - Remedies - Length of service and level of distress still being suffered nearly two and a half years later taken into account - PENALTY - Applicants sought penalty for failure to provide employment agreement - At time applicants employed were covered by an award - Penalty did not apply to situation where there was employee of longstanding who already had employment contract - Joiners |
| Result | Applications dismissed (penalty) ; Applications granted (personal grievance) ; Compensation for humiliation etc ($10,000)(per applicant) ; Costs reserved |
| Statutes | ERA s122 |
| Number of Pages | 2 |
| PDF File Link: | aa 351_05.pdf [pdf 11 KB] |