Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 224/08
Hearing date 5 May 2008
Determination date 30 June 2008
Member D King
Representation M Nutsford ; S Kilian
Location Auckland
Parties Ralph v Pacific Home Loans Ltd
Summary UNJUSTIFIED DISMISSAL - Redundancy - Applicant required extended time off at short notice to visit seriously ill relative overseas - On last day at work before leave director advised applicant employment would be terminated that day as position to be disestablished - Director claimed advised applicant as believed he was taking extended holiday and was concerned he would use all his resources and return to find no job - Substantive reasons for dismissal but carried out in unfair manner - Respondent did not meet statutory obligation of good faith to provide information and opportunity to comment - Earlier general conversation about performance of business not sufficient - Dismissal unjustified - Business development manager
Result Application granted ; Compensation for humiliation etc ($6,000) ; Costs reserved
Main Category Personal Grievance
Statutes ERA s4(1)(a);ERA s4(4)(e)
Number of Pages 6
PDF File Link: aa 224_08.pdf [pdf 24 KB]