| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 146/06 |
| Hearing date | 7 Jul 2006 |
| Determination date | 02 October 2006 |
| Member | P Montgomery |
| Representation | R Davidson ; A Shaw |
| Location | Christchurch |
| Parties | Gutsell v Koru Blue Ltd t/a Airport Lodge Motel |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant employed as motel cleaner - Motel subsequently purchased by respondent – Sale and purchase agreement acknowledged that under Employment Relations Act 2000 employees entitled to transfer to respondent on same terms and conditions – In month prior to sale applicant worked three days per week instead of her usual five as recovering from surgery – New owners decided to realign cleaning schedule - Believed applicant customarily worked three days – Director told applicant she was let go as she was unable to work five day week required by business – Respondent mistakenly assumed applicant’s days of work at time were those she had always worked – Respondent obliged to consult with applicant before declaring her surplus to requirements – Failure to do so resulted in unjustified dismissal – Length of service three weeks with respondent, 15 months with business – Cleaner |
| Result | Application granted ; Reimbursement of lost wages ($500)(3 weeks) ; Compensation for humiliation etc ($2,500) ; Arrears of holiday pay (6 percent of lost wages) ; Costs reserved |
| Cases Cited | Coutts Cars Ltd v Baguley [2001] ERNZ 660 ; [2002] 2 NZLR 533 |
| Number of Pages | 4 |
| PDF File Link: | ca 146_06.pdf [pdf 31 KB] |