| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 27/06 |
| Hearing date | 6 Dec 2005 |
| Determination date | 08 February 2006 |
| Member | M Urlich |
| Representation | D Organ ; M Leca |
| Location | Auckland |
| Parties | Ah Chee v Panda Catering Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant dismissed for redundancy after applicant's brothers sold shares in respondent - Process used by respondent to implement redundancy fell well below accepted standard - No evidence applicant consulted about new structure or how this might affect her position - Not given fair notice of dismissal meeting or given opportunity to seek advice or have representative present - Unjustified dismissal - Remedies - Respondent alleged its legal obligations to applicant were subordinate to moral obligations owed to applicant by brothers - Requested Authority take into account gift applicant received from brothers on sale of shares - No evidence gift made by respondent - What occurred between applicant and brothers a private matter which fell outside scope of investigation - Remedies took into account applicant was employee of 30 years standing |
| Result | Application granted ; Compensation for humiliation etc ($12,000) ; Cost reserved |
| Number of Pages | 3 |
| PDF File Link: | aa 27_06.pdf [pdf 15 KB] |