| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 71/07 |
| Hearing date | 29 Jun 2007 |
| Determination date | 29 June 2007 |
| Member | P Cheyne |
| Representation | M Henderson ; no appearance |
| Location | Christchurch |
| Parties | Purcell v Wired Communications NZ Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy - No appearance by respondent – Applicant's evidence accepted - Dismissed without notice or warning when told by payroll no further work – Applicant attempted to contact director but he did not return calls – Appeared business had not traded since applicant dismissed, although apparently some staff working for another business run by director – Even (perhaps especially) in case of apparent business failure, employees entitled to fair and reasonable treatment – Dismissal unjustified - Remedies - No written employment agreement specifying notice - Reasonable notice fixed at four weeks - ARREARS OF WAGES AND HOLIDAY PAY - Applicant not paid at agreed rate - Also not paid last week's wages or holiday pay - Monies due and owing - COSTS - Length of investigation meeting not specified - Length of service 14 weeks |
| Result | Application granted ; Compensation for humiliation etc ($10,000) ; Wages in lieu of notice ($1,300)(Four weeks) ; Arrears of wages ($1,300) ; Arrears of holiday pay ($273) ; Costs in favour of applicant ($1,500) |
| Main Category | Personal Grievance |
| Statutes | ERA s131;ERA s160(3) |
| Number of Pages | 4 |
| PDF File Link: | ca 71_07.pdf [pdf 18 KB] |