| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 477/05 |
| Hearing date | 16 Sep 2005 - 19 Oct 2005 (2 days) |
| Determination date | 12 December 2005 |
| Member | R A Monaghan |
| Representation | W Huang (in person) ; W Huang |
| Location | Auckland |
| Parties | Huang v New Zealand Education Services Centre Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant provided after hours Chinese classes - Respondent decided to close Chinese" school" and establish "Synergy Art School" as continuing the Chinese classes was not economic - Applicant not told about this - Just before new year about to commence applicant went to school and had discussion with director - Was an altercation and applicant was asked to leave - Applicant was sent letter saying she was being made redundant - Redundancy genuine - Applicant should have been given opportunity to offer classes if she wished - No consultation - Respondent alleged restructuring was discussed in staff meetings which applicant was unwilling to stay behind class without pay and attend - If respondent had such discussions then they were important enough that applicant should have had advance notice of them and an opportunity to attend - Only other potential hint of change was a draft list of details of "Staff at Synergy Art School" which did not include applicant's name - That was not enough to notify applicant adequately of impending redundancy - Handling of termination unsatisfactory - Unjustified dismissal - ARREARS OF WAGES AND HOLIDAY PAY - Alleged respondent failed to pay her commissions as promised - Not persuaded was such agreement as alleged - Holiday pay owing - Parties to calculate amount with leave reserved to seek further order from Authority if any difficulties - No written employment agreement" |
| Result | Application granted (Unjustified dismissal) ; Reimbursement of lost wages ($1,080)(15 weeks); Compensation for humiliation etc ($3,500) ; Arrears of holiday pay (Quantum to be determined by parties) ; Costs reserved |
| Statutes | ERA s65 |
| Number of Pages | 6 |
| PDF File Link: | aa 477_05.pdf [pdf 37 KB] |