| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 309/08 |
| Hearing date | 21 Aug 2008 |
| Determination date | 28 August 2008 |
| Member | V Campbell |
| Representation | R Murfitt (in person) ; no appearance |
| Location | Hamilton |
| Parties | Murfitt v Karapiro Management Ltd |
| Summary | ARREARS OF WAGES – No appearance for respondent – No written employment agreement – Respondent advised applicant laid off with immediate effect – Applicant requested written confirmation of dismissal and two weeks wages in lieu of notice – Weeks later, applicant received letter dated date of dismissal giving reasons and stating redundant to have effect two weeks from date of letter - Applicant forwarded respondent final time sheet with hours worked on final week, two week notice period and holiday pay outstanding – Authority found letter correctly defined amount owing – Respondent to pay applicant outstanding amount - UNJUSTIFIED DISMISSAL – Redundancy – Applicant not disputing necessity for redundancy – Authority found redundancy genuine – Authority found respondent did not follow proper process – Applicant had no prior indication job in jeopardy – Essentially summary dismissal – Found not clear to applicant that lay off permanent, not temporary – No opportunity to have input into decision affecting employment – Respondent failed to act in good faith in undertaking redundancy process – Redundancy procedurally unjustified – No claim for lost wages possible as redundancy genuine – Applicant entitled to compensation – No contributory conduct - Human Resources Administrator |
| Result | Application granted ; Arrears of wages and holiday pay ($2,360) ; Compensation for humiliation etc ($3,000) ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A;ERA Schedule 2 clause 12 |
| Cases Cited | GN Hale & Sons Ltd v Wellington, Taranaki and Nelson Caretakers etc IUOW [1991] 1 NZLR 151;NZ Fasteners Stainless Ltd v Thwaites [2000] 1 ERNZ 739;Simpson Farms Ltd v Aberhart [2006] 1 ERNZ 825 |
| Number of Pages | 7 |
| PDF File Link: | aa 309_08.pdf [pdf 35 KB] |