| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 389/07 |
| Hearing date | 12 Sep 2007 |
| Determination date | 11 December 2007 |
| Member | Y S Oldfield |
| Representation | B Quarrie ; G Swanepoel |
| Location | Auckland |
| Parties | Rippon v Norsand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Claimed dismissal procedurally unfair - Respondent disestablished part of business where applicant worked - Applicant called to meeting with consultant and told position disestablished - Not offered opportunity to do contract work - Redeployment not considered as no need for staff and respondent did not think applicant would be interested in other work - Lack of consultation - Applicant not given opportunity to influence decision - Procedurally unfair - Dismissal unjustified - Remedies - Applicant encouraged to think had bright future at respondent - Breach of trust compound by director’s failure to tell applicant in person - ARREARS - Applicant claimed parties agreed to profit sharing arrangement and reimbursement of certain expenses - Respondent denied making those commitments - Employment agreement did not contain profit share or expense terms - Evidence fell short of establishing agreement to profit share - Reimbursement claim also failed as expenses unauthorised and minimal - Painter |
| Result | Application granted (Dismissal) ; Compensation for humiliation etc ($6,000) ; Application dismissed (Arrears) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | aa 389_07.pdf [pdf 26 KB] |