| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 188/01 |
| Determination date | 15 November 2001 |
| Member | J Wilson |
| Representation | Le Comte in person ; T Prichard |
| Location | Auckland |
| Parties | Le Comte v T & L Prichard Ltd t/a Palmers Gardenworld, Newmarket |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Reinstatement sought - Permanent part-time employee - Review of financial position - Meeting to discuss and negotiate reduction in hours - Attempt to reduce hours had effect of disestablishing position - No warning of purpose of meeting - No opportunity for representation - Position was genuinely surplus - Genuine redundancy situation - Real attempt to consult - Deficiencies in consultative process rendered dismissal unjustified - Reinstatement not practicable as position no longer existed - ARREARS OF HOLIDAY PAY - Alleged annual leave and days worked in lieu of public holidays owing - Annual leave entitlement received in full - Paid for public holidays worked instead of day in lieu - Entitled to day off in lieu - Arrears claim made out in part |
| Result | Application granted ; Compensation for humiliation etc ($1,000) ; Arrears of holiday pay ($390) ; Costs in favour of applicant ($70) |
| Cases Cited | Baguley v Coutts Cars Ltd [2000] 2 ERNZ 409;New Zealand Harbour Workers Union v Lyttelton Port Co Ltd [1995] 2 ERNZ 177 |
| Number of Pages | 6 |
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