| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 91/01 |
| Determination date | 13 December 2001 |
| Member | G J Wood |
| Representation | G Ogilvie ; No appearance |
| Location | Wellington |
| Parties | Marshall v Andalus Consulting Ltd t/a Protector Security |
| Other Parties | Frampton |
| Summary | PRACTICE AND PROCEDURE - Decision to withdraw from proceedings - Second applicant's claim withdrawn - UNJUSTIFIED DISMISSAL - Redundancy - Whether genuine - No appearance for respondent - Alleged about to be liquidated and no assets - Given no warning of redundancy - Told to leave straight away - Given one week's wages in lieu of notice - Evidence that co-worker transferred to position - Redundancy not genuine - No justification for replacing one worker for another under guise of redundancy - Administrator |
| Result | Application granted ; Reimbursement of lost wages ($6,240)(3 months) ; Compensation for humiliation etc ($5,000) ; Costs in favour of applicant ($900) |
| Statutes | ERA Second Schedule cl12 |
| Number of Pages | 3 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |