| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 355/08 |
| Hearing date | 2 Sep 2008 |
| Determination date | 13 October 2008 |
| Member | D King |
| Representation | T Burlinson (in person) ; S Brady |
| Location | Auckland |
| Parties | Burlinson v Wellman Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy – Verbal agreement for two week trial period - No written employment agreement – Respondent told applicant that applicant no longer required as not much work had come in – Respondent originally agreed to pay one month’s salary in lieu of notice, and allow applicant to use company car and phone to pursue other employment opportunity – Applicant requested additional compensation from respondent – Respondent became angered and withdrew agreement to pay month in lieu of notice – Authority accepted applicant genuinely redundant – Found applicant not consulted and given no notice that employment at risk – Dismissal unjustified – Remedies – No contributory conduct – Suddenness of dismissal, lack of opportunity for input and short period of employment were traumatic and upsetting for applicant – $4,000 compensation appropriate – ARREARS OF WAGES – Holiday pay unpaid – Quantum to be determined – Interest payable on holiday pay – COSTS – Applicant represented self but obtained legal advice – Applicant to be reimbursed for legal advice and filing fee - Sales Representative |
| Result | Application granted ; One month’s pay in lieu of notice ; Compensation for humiliation etc ($4,000) ; Arrears of holiday pay (Quantum to be determined)(Interest at 9.6%) ; Costs in favour of applicant ($300) ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Personal Grievance |
| Number of Pages | 3 |
| PDF File Link: | aa 355_08.pdf [pdf 14 KB] |