| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 187/05 |
| Hearing date | 1 Nov 2005 |
| Determination date | 05 December 2005 |
| Member | G J Wood |
| Representation | G Tasker ; M Cromarty |
| Location | Wellington |
| Parties | Green v Big Red Storage Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant worked for company RH" before it went into liquidation - RH's sole director ("C") was sole director of respondent - Applicant became employee of respondent - Implicitly agreed that applicant was on same terms and conditions as when employed by RH - C presented applicant with written employment agreement - Applicant refused to sign agreement because he believed it required him to work extra hour each day and breached Transport Act 1962 - Wanted higher salary, occasional Friday and Sunday off, and clause covering redundancy compensation - During second meeting to discuss issue C handed applicant dismissal letter - More likely than not that letter was pre-prepared - Presentation of written employment agreement was attempt to negotiate changed employment terms - No justification for attempt to impose change unilaterally on applicant - Dismissal unjustified - Contributory conduct - Applicant had no right to insist on redundancy clause, greater pay or different hours but that did not mean he was at all at fault - No need to address claim of unfair bargaining as any remedy covered by compensation for unjustified dismissal - Driver" |
| Result | Application granted ; Reimbursement of lost wages ($4,000)(3 months) ; Compensation for humiliation ($5,000) ; Costs reserved |
| Statutes | Transport Act 1962 |
| Cases Cited | Northern Clerical etc Union v Beachlands Engineering Ltd [1991] 3 ERNZ 1023 |
| Number of Pages | 6 |
| PDF File Link: | wa 187_05.pdf [pdf 27 KB] |