| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 121/02 |
| Hearing date | 26 Feb 2002 - 27 Feb 2002 (2 days) |
| Determination date | 29 April 2002 |
| Member | D King |
| Representation | D Clark ; J Wickes |
| Location | Auckland |
| Parties | Stephens v Moneyworld New Zealand 2000 Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether offered and accepted position - Whether redundancy - Alleged offered full-time position - Respondent claimed only offered position for limited purpose - Purpose to gain permission from regulatory body - Credibility - Applicant's evidence preferred - Offered and accepted full time position - Position revoked due to restructuring - Offered lesser position - Revocation amounted to dismissal - Dismissal for redundancy - Dismissal unjustified due to inadequate consultation - Remedies - Unable to award reimbursement of lost wages for redundancy - Respondent's attention drawn to requirement to provide written contract - ARREARS OF WAGES - Not paid for work - Arrears claim made out - Principal |
| Result | Application granted ; Arrears of wages ($360) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Statutes | ERA s6(1)(b)(iii);ERA s64;ERA s65(2) |
| Cases Cited | Baker v Armourguard Security Ltd [1998] 1 ERNZ 424 |
| Number of Pages | 5 |
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