| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 493/05 |
| Hearing date | 19 Dec 2005 |
| Determination date | 22 December 2005 |
| Member | R Arthur |
| Representation | D Bruce ; T Skinner |
| Location | Auckland |
| Parties | Strachan v Northern Car Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Genuine redundancy - Process followed in advising applicant of redundancy not inadequate given size and very limited resources of respondent - No realistic prospects for redeployment - No unjustified dismissal - BREACH OF CONTRACT - Whether parties agreed on payment of two weeks' notice - Was an agreement - Acknowledged that applicant's acceptance might not have been as clear as could have been because she also said it was unfair and she deserved more - However, deal met basic legal requirements of offer and acceptance - Respondent failed to honour agreement to pay two weeks' notice on making position redundant - Respondent to pay $1,280 to applicant - PENALTY- Breach of applicant's agreement - Breach of statutory requirement to provide written employment agreement - Penalty of $300 in favour of applicant appropriate - COSTS - ï¾½ day investigation meeting - Entitled to reasonable contribution plus reimbursement of filing fee |
| Result | Damages ($1,280)(Two week's notice) ; Penalty ($300) ; Costs in favour of applicant ($500) ; Disbursements ($70)(Filing fee) |
| Statutes | ERA s63A;ERA s64 |
| Number of Pages | 4 |
| PDF File Link: | aa 493_05.pdf [pdf 24 KB] |