| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 345/06 |
| Hearing date | 17 Oct 2006 |
| Determination date | 15 November 2006 |
| Member | R A Monaghan |
| Representation | N Carter ; P Tremewan |
| Location | Auckland |
| Parties | Paterson v Max G Ltd t/a New World Remuera |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant’s personal relationship with respondent’s director and shareholder ended – Alleged made redundant because pursuing legal remedies under Property (Relationships) Act 1976 – Genuine redundancy but decision to act prompted by applicant’s threatened pursuit of legal action – Unjustified dismissal - Applicant claimed one month’s pay in lieu of notice inadequate – No agreement on redundancy provisions – Terms determined by implication – Nothing about applicant’s position justified implying notice period in excess of one month – Whether circumstances of redundancy and timing (shortly before Christmas) required longer notice period as matter of fairness – Reality of Christmas shutdown period in New Zealand is still that applicant’s chance of obtaining work during middle two weeks of December, to start on or before notional one month’s notice period ended in early January, was probably low – In that kind of redundancy situation extra four week cushion by way of notice would have been fair – Remedies – Entitled to further four weeks pay in lieu of notice - |
| Result | Application granted ; Reimbursement of lost wages ($3,040)(4 weeks) ; Compensation for lost benefit (Grocery allowance)($2,000) ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Statutes | Property (Relationships) Act 1976 |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601; [1998] 3 NZLR 276;Charta Packaging Ltd v Howard [2002] 1 ERNZ 10;Joyce v Mutual Rental Cars Ltd [1990] 3 NZELC 97,669 |
| Number of Pages | 8 |
| PDF File Link: | aa 345_06.pdf [pdf 38 KB] |