| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 44/07 |
| Hearing date | 1 Dec 2006 |
| Determination date | 20 February 2007 |
| Member | Y S Oldfield |
| Representation | D McKinnor ; C Smith |
| Location | Auckland |
| Parties | Schnauer v Independent Liquor New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Whether redundancy genuine - Applicant returned to New Zealand to accept new role with respondent - Knew long term future of position not assured, but owner told her would be looked after generously" if made redundant - Shortly after started owner died in helicopter crash - Widow moved to sell or close down parts of business - Applicant told due to closures position no longer required - Applicant believed only part of role affected by closures and decision motive by personal animosity - Authority not satisfied respondent gathered all information needed to properly consider applicant's role in future of company - Process very rushed - Respondent not in position to make fair and reasonable decision - Process so inadequate impossible to confidently say redundancy genuine - Dismissal unjustified - Remedies - Applicant's argument entitled to more than provided for in employment agreement rejected - Likely owner intended standard package to be regarded as generous - Also, terms of employment finalised after comment - Standard redundancy policies applied - No evidence to establish applicant would have been made redundant later - Redundancy compensation already received to be set off against remedies - Applicant inflexible about work prepared to consider and failed to mitigate loss - Lost wages adequately covered by notice and redundancy payments - Relatively high compensation appropriate given circumstances, including owner's death and recent return to New Zealand" |
| Result | Application granted ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Carter Holt Harvey Ltd v Yukich [2005] 1 ERNZ 300 |
| Number of Pages | 5 |
| PDF File Link: | aa 44_07.pdf [pdf 69 KB] |