| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 428/08 |
| Hearing date | 11 Dec 2008 |
| Determination date | 19 December 2008 |
| Member | A Dumbleton |
| Representation | D Flaws ; No appearance |
| Location | Auckland |
| Parties | Brom v Shore Performance Tyres (2006) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Respondent no longer trading – Applicant denied committing actions was dismissed for – As no appearance for respondent, applicant’s evidence not refuted – Dismissal unjustified – Remedies – No contributory conduct – Applicant entitled to three months’ lost wages – Applicant entitled to $4,500 compensation for humiliation, stress, anxiety and damage to self-esteem – COSTS – Applicant sought costs at tariff level of $2,500 per day – Authority found no need for full-scale preparation of case for investigation – Applicant entitled to $450 contribution to costs, plus reimbursement of filing fee |
| Result | Applications granted ; Reimbursement of lost wages ($7,530)(3 months) ; Compensation for humiliation etc ($4,500) ; Costs in favour of applicant ($450) ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s128 |
| Number of Pages | 3 |
| PDF File Link: | aa 428_08.pdf [pdf 15 KB] |