| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 255/06 |
| Hearing date | 8 May 2006 |
| Determination date | 03 August 2006 |
| Member | D King |
| Representation | T Biss ; M Broadbent |
| Location | Auckland |
| Parties | Lang v Able Homes Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or abandoned employment - Whether redundancy genuine - While applicant off work, respondent considered restructuring operations - On return to work applicant told position no longer existed - Applicant left meeting before Managing Director (MD") could explain further - No opportunity to obtain representative or warning employment could be terminated - MD might have wanted to restructure but had yet to do so - Applicant's position still existed - Unjustified dismissal - Remedies - Some efforts made to find other employment and Authority appreciated applicant in difficult position regarding transport - Applicant's distress evident at investigation meeting - While initial anger at termination understandable, personal comments directed at MD unacceptable and effectively put paid to further discussion which might have resulted in ongoing employment - Contributory conduct 25 percent - Length of service one year seven months - Foreman" |
| Result | Application granted ; Reimbursement of lost wages (3 months reduced by 25%) ; Compensation for humiliation ($4,000 reduced by 25%) ; Costs reserved |
| Number of Pages | 4 |
| PDF File Link: | aa 255_06.pdf [pdf 22 KB] |