Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 71/08
Hearing date 11 Mar 2008
Determination date 21 May 2008
Member P Cheyne
Representation G Jones ; T McGinn
Location Christchurch
Parties Austin v Waikene Adventures Ltd
Summary UNJUSTIFIED DISMISSAL - Redundancy - Applicant and partner employed as couple on farm estate - Partner dismissed for misconduct a month prior to applicant - Applicant alleged dismissed as a result of situation with partner - Parties had discussed lodge closing - Genuine redundancy - However, proposal to close lodge not put to applicant as consultation about her being made redundant - Lack of consultation meant applicant not treated in fair and reasonable manner - Dismissal unjustified - ARREARS OF WAGES AND HOLIDAY PAY - Applicant not entitled to payment of bonus as did not meet conditions - Applicant not given full notice as set out in employment agreement - Entitled to payment for balance of notice period - Parties to calculate if holiday pay owing - Leave reserved to return to Authority if required - Interest 10 percent on any amount outstanding - Lodge manager
Result Application granted ; Compensation for humiliation etc ($6,000) ; Arrears of wages and holiday pay (Quantum to be determined) ; Interest (10%) ; Costs reserved
Main Category Personal Grievance
Number of Pages 7
PDF File Link: ca 71_08.pdf [pdf 26 KB]