| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 486/05 |
| Hearing date | 17 Nov 2005 |
| Determination date | 15 December 2005 |
| Member | R Arthur |
| Representation | D Organ ; no appearance |
| Location | Auckland |
| Parties | Kelly v SOS Plumbing and Gasfitting Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Respondent's director told applicant that respondent in considerable financial difficulty - Previously director had asked her to arrange for office assistant to step down" for short period - Applicant asked director "do you want me to go?" and he replied "yes" - Applicant alleged she left meeting understanding that she was not resigning or being dismissed but "standing down" while future of respondent assessed - Following day she received a letter from respondent giving her two weeks' notice and final pay - Applicant dismissed - Unjustified dismissal - Remedies - Employment agreement provided that employment was for "period of one year (at least)" - Two week notice period and redundancy provisions could not be applied to reduce minimum term - Applicant entitled to remuneration for balance of minimum term which was 42 weeks pay - Also entitled to payment for four weeks' annual leave provided for in agreement - Started new job five months after dismissal - PENALTY - Penalties warranted for respondent's breaches of employment agreement but Authority declined to order any - Respondent alleged it was insolvent and if there were funds to meet awards they were to go to applicant rather than as penalties to Crown - Operations manager" |
| Result | Application granted (unjustified dismissal) ; Reimbursement of lost wages ($46,000)(42 weeks and 4 weeks annual leave) ; Compensation for humiliation etc ($4,000) ; Costs reserved ; Filing fee in favour of applicant ($70) |
| Cases Cited | McAulay v Sonoco New Zealand Ltd [1998] 2 ERNZ 225;Williams v Attorney-General in respect of the Secretary for Justice [1999] 2 ERNZ 457 |
| Number of Pages | 5 |
| PDF File Link: | aa 486_05.pdf [pdf 33 KB] |