| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 150/07 |
| Hearing date | 6 Nov 2007 |
| Determination date | 08 November 2007 |
| Member | D Asher |
| Representation | S France ; G Munro |
| Location | Wellington |
| Parties | Bolton v Nuwaiseeb Ltd (formerly Bright Tiles Ltd) |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Purported fixed term did not meet statutory requirements as no reasonable grounds for end of employment - Sales down but applicant claimed did not understand employment at risk - Applicant rejected suggestion he take pay cut and no other cost saving alternatives raised - Applicant dismissed, but not paid redundancy notice in reliance on financial hardship term in employment agreement - Genuine redundancy - Respondent took minimal, but sufficient steps to put applicant on notice ongoing employment required improved sales and to explore alternatives - Dismissal justified - BREACH OF CONTRACT - Respondent failed to demonstrate why it invoked financial hardship clause - Had not shown payment of redundancy compensation would endanger its continuing viability as required by employment agreement - Applicant entitled to notice as redundancy payment and recalculation of holiday pay - Retail sale manager |
| Result | Application granted (Breach of contract) ; Damages (Quantum to be determined) ; Application dismissed (Dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s66;ERA s103A |
| Cases Cited | Simpsons Farms Limited v Aberhart [2006] 1 ERNZ 825 |
| Number of Pages | 8 |
| PDF File Link: | wa 150_07.pdf [pdf 28 KB] |