| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 57/07 |
| Hearing date | 26 Feb 2007 |
| Determination date | 05 March 2007 |
| Member | V Campbell |
| Representation | R Chen (in person) ; B Rakich |
| Location | Auckland |
| Parties | Chen v Polar Food Distributors Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant aware company had financial difficulties - Called to meeting and told redundant - Soon after dismissal became aware new employee engaged to do her job - Respondent dismissed applicant even though knew only other sales person intended to leave - Work undertaken by new employee same work previously done by applicant - Initially employed on same hours and rate of pay as applicant - Decision to make applicant redundant profoundly unfair - Lack of consultation and manner in which dismissal implemented meant none of usual actions associated with fair and reasonable treatment present - Failures meant could not say redundancy genuine - Dismissal unjustified - Sales person |
| Result | Application granted ; Compensation for humiliation etc ($5,000) ; Disbursements in favour of applicant ($70) |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A |
| Cases Cited | Communication & Energy Workers Union Inc v Telecom NZ Ltd [1993] 2 ERNZ 429;Simpson Farms Ltd v Aberhart (2006) 7 NZELC 98, 450;Staykov v Cap Gemini Ernst & Young New Zealand Limited unreported, Travis J, 20;April 2005, AC 18/05;Wellington International Airport Ltd v Air New Zealand Ltd [1993] 1 NZLR 671 |
| Number of Pages | 5 |
| PDF File Link: | aa 57_07.pdf [pdf 30 KB] |