| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 8/02 |
| Determination date | 22 January 2002 |
| Member | G J Wood |
| Representation | M Baker ; M Hawkesby |
| Location | Wellington |
| Parties | Haskell v Pacific Plastics Recyclers Ltd |
| Other Parties | NZ2000 Plastic Recovery Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Identity of employer - Initially employed by second respondent - Employed to do work solely for first respondent - Salary paid by second respondent - Letter of redundancy from first respondent on grounds that second respondent closing down - Whether on secondment from second respondent - Credibility - Applicant's evidence preferred - Employed by first respondent - Payment by second respondent indicative of two companys' informal intermingling - No consultation or discussion - No genuine redundancy - Dismissal both substantively and procedurally unjustified - DISPUTE - Offered and accepted position as General Manager of first respondent while position still occupied - Offer became undertaking - Undertaking conditional on current General Manager's dismissal - Employed in alternative position with first respondent in meantime - No enforceable agreement that applicant to become first respondent's General Manager - Implied term of conditional agreement that offer ceased when employment terminated - Legitimate expectation of appointment relevant to remedies for unjustified dismissal - Marketing manager |
| Result | Application granted in part ; Compensation for humiliation etc ($13,000) ; Reimbursement of lost wages ($10,000)(3 months) ; Reimbursement of lost benefit ($960)(3 months)(car allowance) ; Other monies ($324)(Employment related expenses) ; Costs reserved |
| Number of Pages | 10 |
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