| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 266/06 |
| Hearing date | 1 Aug 2006 |
| Determination date | 15 August 2006 |
| Member | Y S Oldfield |
| Representation | M McFadden ; H Thorpe |
| Location | Auckland |
| Parties | Round v Just Kids Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant responsible for maintenance of respondent's stores nationwide - Applicant told respondent considering outsourcing maintenance work - By end of meeting applicant on notice position under review - Attended further meeting and asked respondent for breakdown of costings for position - Applicant agreed would provide list of tasks performed in current position - Neither party provided those to each other - Manager independently obtained list - Manager promised further discussion of redundancy - At final meeting applicant given redundancy letter - Authority accepted maintenance work did not amount to full time role - No evidence of ulterior motives for review of applicant's position - Genuine redundancy - Unacceptable respondent took notice of termination to final meeting after promising further discussion - Further discussion may not have averted termination but would have assisted applicant's understanding and alleviated stress - Failed to provide breakdown of costings and opportunity to respond to it - Unjustified dismissal - ARREARS OF WAGES - Applicant claimed owed payment for days in lieu - Received paid sick leave in excess of entitlement in final days of employment - Respondent justified in treating final days as time in lieu, however should have notified applicant - No money owing - Length of service one year 11 months - Handyman/carpenter |
| Result | Application granted (Unjustified dismissal) ; Compensation for humiliation etc ($4,000) ; Application dismissed (Arrears of wages) ; Costs reserved |
| Number of Pages | 7 |
| PDF File Link: | aa 266_06.pdf [pdf 45 KB] |