| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 69A/06 |
| Hearing date | 24 Mar 2006 |
| Determination date | 05 April 2006 |
| Member | R A Monaghan |
| Representation | J McCarron (in person) ; R Wood |
| Location | Auckland |
| Parties | McCarron v Reynolds Realty Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Respondent sold real estate business and applicant's position of property manager no longer required - Genuine redundancy - Any alleged lack of justification had to focus on fairness with which decision made and implemented - Failure to reply to applicant's letter seeking written confirmation of termination did not render dismissal unjustified - Respondent not obliged to consult applicant about improving property management arm of business - It was not a matter of closing property management arm, entire business was being sold and property management was very small part of it - Consultation would not have helped once sale confirmed - Respondent's Managing Director had discussed fate of staff with purchaser and sales job was available for applicant - Director not obliged to attempt more than he did to obtain position for applicant in purchaser's business - No agreement between parties for redundancy compensation and not for Authority to create one - Respondent was small business with significant liabilities and employees given as much notice of sale as possible, circumstances did not call for redundancy compensation - Justified dismissal - ARREARS OF WAGES AND HOLIDAY PAY - Respondent deducted certificate application fee from final pay - No agreement to repay and deduction unlawful - Evidence had not established applicant worked statutory holidays and even if he did, applicant worked of own volition - Applicant entitled to payment for 4.75 weeks annual leave and 14 statutory holidays - Applicant received commission payments during overseas trip and was paid for that time, amount received during that period to be deducted from holiday pay - Length of service one year seven months - Rental property manager |
| Result | Application dismissed (unjustified dismissal) ; Application granted (Arrears of wages and holiday pay) ; Arrears of wages ($506.25) ; Arrears of holiday pay ($1,391.75 less monies paid to him while overseas) ; ($820.40)(Statutory holidays) ; Costs reserved |
| Statutes | Real Estate Agents Act 1976 s46 |
| Cases Cited | McCarron v Reynolds Realty Ltd unreported, R Monaghan, 9 March 2006, AA 69/06 |
| Number of Pages | 4 |
| PDF File Link: | aa 69a_06.pdf [pdf 25 KB] |