| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 176/06 |
| Hearing date | 28 Apr 2006 |
| Determination date | 17 May 2006 |
| Member | L Robinson |
| Representation | G Tayler ; M Jones |
| Location | Auckland |
| Parties | Elmsly v Armson Holdings Ltd |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Redundancy - Substantive reason for redundancy not challenged - Dispute over events - Preferred applicant's evidence that he was presented with a decision that his position be made redundant rather than a proposal - However, applicant's evidence that he was escorted from building in full view of staff not accepted - Accepted that applicant was required to leave - Applicant did not agree to leave - No reason why applicant was required to cease his work - Unjustified suspension - Unjustified disadvantage - Applicant's input into whether made redundant not sought - No opportunity to provide feedback - No consultation - Procedurally unfair - Unjustified dismissal - Length of service seven months - Technical manager |
| Result | Application granted ; Compensation for humiliation etc ($1,000)(Unjustified disadvantage) ; ($4,500)(Unjustified dismissal) ; Costs reserved |
| Statutes | ERA s4 |
| Number of Pages | 5 |
| PDF File Link: | aa 176_06.pdf [pdf 61 KB] |