| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 386/05 |
| Hearing date | 23 Aug 2005 |
| Determination date | 29 September 2005 |
| Member | D King |
| Representation | R Allen (in person) ; J Douglas |
| Location | Auckland |
| Parties | Allen v The New Zealand Institute of Studies |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Redundancy - Alleged disadvantage by unilaterally varying employment agreement by placing applicant on unpaid leave without agreement - Further alleged refused to allow applicant to work out notice period or pay him in lieu of notice - Decline in enrolments - At risk staff given option of taking leave without pay or being made redundant - Was assumed applicant chose first option though he had not indicated a preference - When applicant turned up for work was told was no work available - Genuine redundancy - Process unfair - Not in accordance with good faith - Since redundancy no reinstatement nor reimbursement of lost wages - Entitled to four weeks' wages in lieu of notice |
| Result | Application granted ; Four weeks wage's in lieu of notice ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Number of Pages | 5 |
| PDF File Link: | aa 386_05.pdf [pdf 26 KB] |