| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 53/07 |
| Hearing date | 13 Mar 2007 |
| Determination date | 15 May 2007 |
| Member | J Crichton |
| Representation | R Webster ; D Marriott |
| Location | Christchurch |
| Parties | Perry v Tom Ryan Cartage Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Whether dismissed or abandoned employment - After discussing route's viability with drivers, respondent decided to disestablish applicant's position - Parties had different recollections of subsequent meeting - Applicant claimed made redundant and given week's notice - Respondent denied making applicant redundant - Submitted meeting continued previous restructuring discussion and sought alternatives to redundancy - Applicant believed on reasonable grounds had been made redundant - However, Authority equally certain this was not respondent's intention - Respondent sent applicant letters inviting him to meeting but parties unable to set date - Finally sent letter terminating employment for abandonment - Fact respondent still trying to develop relationship irrelevant, damage already done - Applicant dismissed - Dismissal devoid of appropriate process - Dismissal unjustified - Remedies - While applicant did not contribute to dismissal he did contribute to confusion which followed by not replying to letters and continuing to receive pay without comment - Failed to mitigate loss - Contribution not significant - Contributory conduct 20 percent - Driver |
| Result | Application granted ; Reimbursement of lost wages ($5,236.88) ; Compensation for humiliation ($6,000 reduced to $4,800) ; Arrears of holiday pay ($1,697.84) ; Interest on holiday pay (7%) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 8 |
| PDF File Link: | ca 53_07.pdf [pdf 29 KB] |