| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 52/06 |
| Hearing date | 22 Feb 2006 |
| Determination date | 27 February 2006 |
| Member | R Arthur |
| Representation | M Nutsford ; S Bagirathi |
| Location | Auckland |
| Parties | Peach v Bagirathi Enterprises Ltd t/a Vita Health Stores |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Respondent gave applicant two weeks' notice and letter stating that applicant's position had changed from full-time managerial position to new part-time sales position - Respondent's sole director had decided to work in store herself and cover other hours by employing casual or part-time staff - Genuine redundancy situation - Reasonable for applicant to be surprised by sudden redundancy because one month earlier she had been given memo of plan which described her role as permanent position" and pay rise - Failure to properly consult about proposal to make position redundant - Implementation of redundancy procedurally unfair - Unjustified dismissal - PENALTY - Applicant sought penalty in relation to provision of wages record - No suggestion applicant not paid correctly - Claim for penalty technical point only and declined - Sales manager" |
| Result | Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Statutes | ERA s130 |
| Number of Pages | 5 |
| PDF File Link: | aa 52_06.pdf [pdf 30 KB] |