| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 291/07 |
| Hearing date | 18 Sep 2007 |
| Determination date | 18 September 2007 |
| Member | L Robinson |
| Representation | M Sharma (in person) ; no appearance |
| Location | Auckland |
| Parties | Sharma v Medictronix New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy - No appearance for respondent – Applicant’s evidence unchallenged – Parties agreed applicant could take three months leave – Contrary to agreement, applicant not paid while on leave – On return told things at respondent “not good’ and no staff paid – Respondent agreed to make some payment to applicant and said would contact him about resuming duties – Applicant not invited to resume duties - When contacted, respondent provided back dated advice making him redundant – Purported redundancy a sham – No consultation - Breached employment agreement and statutory requirement of good faith – Dismissal unjustified – ARREARS OF WAGES – Applicant entitled to commission not paid during employment – Interest 10 percent – GOOD FAITH - PENALTY – Applicant sought penalty for respondent’s failure to act in good faith – Respondent had instilled in applicant expectation would resume duties – Attempted to revise situation by making him redundant from commencement of discussions with him – Conduct demonstratively dishonest, in bad faith, and undermined applicant’s employment agreement – Penalty warranted to underscore policy objectives of Employment Relations Act 2000 and denounce respondent’s conduct - Sales and marketing manager |
| Result | Application granted ; Reimbursement of lost wages ($6,057.70) ; Compensation for humiliation etc ($8,000) ; Arrears of wages ($10,451.36) ; Interest (10%) ; Penalty ($3,000)(Payable to Crown) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4A(b)(ii);ERA s103A |
| Number of Pages | 7 |
| PDF File Link: | aa 291_07.pdf [pdf 30 KB] |