| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 2/02 |
| Determination date | 17 January 2002 |
| Member | P R Stapp |
| Representation | L Highfield ; C Quin |
| Location | New Plymouth |
| Parties | Tamihana v Smith t/a Flamingo Cafe |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Whether genuine - Alleged discrimination on grounds of union involvement - Made redundant while pursuing dispute over leave owing - Given no prior notice of redundancy - No consultation or opportunity for input - Was in perilous financial situation - Credibility - Applicant's evidence preferred - Procedural unfairness rendered dismissal unjustified - Not necessary to determine discrimination claim - Chef |
| Result | Application granted ; Reimbursement of lost wages ($800)(2 weeks) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |