| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 126/08 |
| Hearing date | 17 Dec 2007 |
| Determination date | 01 April 2008 |
| Member | Y S Oldfield |
| Representation | S McCabe ; no appearance |
| Location | Auckland |
| Parties | O'Connell v Trilith Holdings Ltd (Formerly Redpaths Furniture Ltd) |
| Summary | UNJUSTIFIED DISMISSAL – No appearance for respondent – Applicant’s husband (“H”) managing director of trust - Trust was major shareholder in respondent company – H employed applicant in respondent company – Trust sold interest in respondent company to respondent - Applicant claimed respondent told H to advise applicant that employment terminated - Applicant claimed dismissal unjustified as given no reason, no notice and no pay in lieu of notice – Also claimed discrimination by reason of family status, due to H’s former position – Authority considered applicant’s claims together as both arose from fact of dismissal – Authority found employment relationship existed – Found respondent made no attempt to justify dismissal – Dismissal unjustified – Remedies – Applicant reemployed when H purchased new business – Applicant did not consider looking for alternative employment in meantime – Authority found applicant had not shown that mitigated losses or that dismissal primary cause of lengthy unemployment - No award for lost earnings – Applicant given no notice of dismissal – Authority considered one month reasonable notice period – Interest at 9 percent on notice period – Applicant claimed hurt feelings caused by manner of dismissal compounded by negative comments about applicant’s work after left respondent – Authority found compensation appropriate – COSTS – No evidence of applicant’s actual costs – Authority found minimal preparation required as matter undefended – Two investigation meetings of less than half day each – Applicant entitled to contribution to costs - Fabric Buyer and Customer Services Administrator |
| Result | Application granted (dismissal) ; Pay in lieu of notice ($4,000) ; Interest on pay in lieu of notice (9%) ; Compensation for humiliation etc ($5,000) ; Costs in favour of applicant ($2,000) |
| Main Category | Personal Grievance |
| Number of Pages | 6 |
| PDF File Link: | aa 126_08.pdf [pdf 22 KB] |