Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 15/02
Determination date 31 January 2002
Member G J Wood
Representation G Gimblett ; No appearance
Location Wellington
Parties Esler v Valley Strippers Ltd
Summary UNJUSTIFIED DISMISSAL - Redundancy - Summary dismissal - No appearance for respondent - No good cause shown for failure to attend - Unchallenged and credible evidence of applicant accepted - No genuine redundancy situation - Business continued to operate - Basic tenets of procedural fairness not met - Dismissal substantively and procedurally unjustified - No evidence of contributory conduct - Arrears of holiday pay due and owing
Result Application granted ; Reimbursement of lost wages ($3,600) ; Compensation for humiliation etc ($5,000) ; Arrears of holiday pay ($888.88) ; Costs reserved
Statutes ERA Second Schedule cl12
Cases Cited Coutts Cars Ltd v Baguley [2001] ERNZ 660
Number of Pages 3
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