| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 17/02 |
| Determination date | 11 February 2002 |
| Member | G J Wood |
| Representation | A Cressey ; PJ Reardon |
| Location | Wellington |
| Parties | Barnden v Hutt Valley Veneers (2001) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Agreement to be employed on same terms and conditions following sale of business - Assessment of financial state of business inaccurate - Decided not to employ applicant - Had signed employment contract but did not return it until after dismissal - Whether acceptance of offer of work - Failure to provide copy of intended agreement did not invalidate agreement - Was person intending to work - Actions not those of reasonable employer acting fairly - No consultation or notice - Implemented in breach of contract and in unfair and insensitive manner - Dismissal unjustified - General hand |
| Result | Application granted ; Reimbursement of lost wages ($504) ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Statutes | ERA s5;ERA s64;ERA s64(2);ERA s64(4) |
| Cases Cited | Baker v Armourguard Security Ltd [1998] 1 ERNZ 424;Coutts Cars Ltd v Baguley [2001] ERNZ 660;Electricity Corporation of New Zealand Ltd v Fletcher Challenge Energy Ltd unreported, 10 October 2001, CA 132/00;Fenwich v Knight Frank (NZ) Limited unreported, GJ Wood, 13 August 2001, WA 54/01;Harrison v Tuckers Wool Processors Ltd [1998] 3 ERNZ 418;Northern Clerical etc Union v Beachlands Engineering Ltd [1991] 3 ERNZ 1023;Tucker Wool Processors Ltd v Harrison [1999] 1 ERNZ 894 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |