| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 411/05 |
| Hearing date | 23 Mar 2005 |
| Determination date | 12 October 2005 |
| Member | L Robinson |
| Representation | L Ponniah ; R Harrison |
| Location | Auckland |
| Parties | Thompson v Gaze Commercial Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Genuine redundancy - Procedurally unfair - Not provided with any real opportunity to comment - Rather, applicant's redundancy was simply declared to him at the conclusion of fluid discussions about various business strategies - No input - Not given reasonable notice of possible loss of employment - Not involved in any selection process - Unjustified dismissal - ARREARS OF WAGES - Whether entitled to bonus - Parties ordered to comply with employment agreement by referring question of fair value for shareholder's salary and benefits to a mutually agreeable Management Consultancy practice for arbitration - Order to be complied with within 14 days - Once order met, expected parties could then calculate bonus payable - Whether entitled to damages for breach of share option arrangement - Applicant entitled to exercise option to purchase shares - Alleged dismissal denied him right to exercise option or denied him the benefits that would have flowed from the purchase - No agreement ultimately concluded - Not entitled to exercise option as set out in agreement - PENALTY - Not appropriate case for penalties - Chief operating officer |
| Result | Application granted ; Compensation for humiliation etc ($12,500) ; Orders accordingly ; Costs reserved |
| Statutes | ERA s4 |
| Number of Pages | 10 |
| PDF File Link: | aa 411_05.pdf [pdf 102 KB] |