| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 72/06 |
| Hearing date | 4 May 2006 |
| Determination date | 10 May 2006 |
| Member | P R Stapp |
| Representation | B Calver ; K Thurston |
| Location | Napier |
| Parties | Paewai v Sheddan Investments Group of Companies, t/a Aotearoa Coolstores Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant advised by phone and letter that position to be made redundant – Termination to take effect 10 days later – Various communications between parties including meeting to discuss matter – Few days later applicant received letter confirming redundancy – Promise to try and secure applicant new role with respondent at different location - Termination date amended to one month from second letter – Redundancy genuine due to plant closure - Initial letter did not contain four weeks notice required by employment agreement – Redundancy decision made before letter issued – Second letter attempted to correct deficiency in notice period but respondent admitted decision to confirm redundancy made before meeting with applicant - No fair opportunity for applicant to comment on possibility of redundancy - Predetermination was breach of good faith – Process left applicant confused until final letter sent – Applicant unfairly required to chose between himself and son to take up new role in different location – Dismissal procedurally unjustified – COSTS – Five hour investigation meeting – Applicant sought contribution of $3,000 to unspecified total costs – Matter straightforward – No mediation due to respondent’s unwillingness – Applicant entitled to reimbursement of notional reasonable costs of $2,000 – Length of service one year 10 months - Cool store manager |
| Result | Application granted ; Compensation for humiliation etc ($8,500) ; Costs in favour of applicant ($2,000) ; Disbursements ($70)(Filing fee) |
| Number of Pages | 8 |
| PDF File Link: | wa 72_06.pdf [pdf 36 KB] |