| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 33/07 |
| Hearing date | 5 Dec 2006 |
| Determination date | 29 March 2007 |
| Member | P Montgomery |
| Representation | G Craig (in person) ; S Guest |
| Location | Dunedin |
| Parties | Craig v Otago Hospitality Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed not advised of restructuring or proposed sale of business, and no opportunity to negotiate redundancy package - Director visited applicant at home, alleged discussed possibility of redundancy and applicant resigned - Applicant claimed no real discussion - Respondent also claimed applicant never signed employment agreement, despite being asked to on number occasions - Submitted employed under standard agreement with no provision for redundancy compensation - Applicant said did sign employment agreement, with redundancy provisions - Authority not prepared to guess contents of earlier agreement, worked only from written agreement supplied by respondent - No redundancy payment contemplated - However, four weeks notice required - Once buyer indicated no need for applicant's services onus on respondent to ensure applicant treated appropriately - No resignation - No consultation or compliance with terms of employment agreement - Dismissal unjustified |
| Result | Application granted ; Reimbursement of lost wages ($2,016)(4 weeks notice) ; Compensation for humiliation etc ($4,000) ; Holiday pay ($120.96) ; Interest (9%) ; Disbursements ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Number of Pages | 6 |
| PDF File Link: | ca 33_07.pdf [pdf 44 KB] |