| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 139A/05 |
| Hearing date | 11 Nov 2005 |
| Determination date | 15 November 2005 |
| Member | G J Wood |
| Representation | R Van Panhuys ; no appearance |
| Location | Wellington |
| Parties | Warren v Xpressions Fashion Clothing Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - No appearance for respondent - Applicant informed that respondent was giving “serious consideration to business proposals” - Subsequently told shop sold and employment terminated - Told that sale of shop was “none of her business” - Sale fell through and shareholders of respondent ran shop themselves until closure seven months later - Were grounds for change to business given accountant’s advice that shop should be sold or closed down - However, no consideration given to retaining applicant when sale fell through - Statement that matter was “none of your business” clearly unjustifiable - Process adopted to inform staff of prospective sale inadequate - No genuine redundancy or consultation - Unjustified dismissal - Remedies - Aggravating feature was conversation after raising of personal grievance where director accused applicant of harassment and threatened to “get her” - ARREARS OF WAGES - Legitimate expectation of pay rise after three months’ employment with satisfactory performance - Performance acceptable at that time and applicant entitled to increase - Entitlement to minimum 20 hours per week not met in last month of employment - Sales assistant |
| Result | Application granted ; Arrears of wages ($876.62 gross) ; Reimbursement of lost wages ($932.80 gross)(4 weeks) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Statutes | ERA s114(5);ERA s123(1)(c)(i);ERA Second Schedule cl12 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |