| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 127/06 |
| Hearing date | 16 Aug 2006 |
| Determination date | 21 August 2006 |
| Member | J Crichton |
| Representation | B Climo ; G Allan |
| Location | Christchurch |
| Parties | Clarke v Nalder & Biddle |
| Summary | UNJUSTIFIED DISADVANTAGE - Redundancy - Applicant told at meeting job disestablished and not required to work notice - Applicant left office upset without working out day - Respondent sent applicant letter indicating applicant had abandoned employment - Little doubt dismissal process inadequate - Need to balance process used by making clear respondent's dire financial circumstances amply justified redundancy - Unjustified disadvantage - COSTS - 1ï¾½ hour investigation meeting - Had respondent not issued letter and consistently maintained stance adopted at investigation meeting, matter might have been resolved earlier - Appropriate respondent meet representation costs in full - Costs in favour of applicant $700 inclusive of GST and any disbursements - Length of service 19 years - Administration clerk |
| Result | Application granted ; Reimbursement of lost wages (two months) ; Compensation for humiliation etc ($4,500) ; Costs in favour of applicant ($700) |
| Statutes | ERA s123(1)(c)(i) |
| Number of Pages | 4 |
| PDF File Link: | ca 127_06.pdf [pdf 27 KB] |