| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 138/09 |
| Hearing date | 10 Mar 2009 |
| Determination date | 01 May 2009 |
| Member | Y S Oldfield |
| Representation | Y Fei (in person) ; D Lee |
| Location | Auckland |
| Parties | Fei v Pac-Al (NZ) Ltd (formerly Moneyworld Asia (NZ) Ltd) |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed redundancy not genuine as real reason for dismissal was fact applicant mother of two small children – Respondent’s director (“L”) claimed closure of respondent’s offices in China shifted focus from applicant’s area of work – L also argued needed to pay expenses incurred in defending money laundering charges and fines following conviction – Applicant gave notice of maternity leave and agreed with general manager on suitable date to return – Applicant advised of redundancy when met L on belief finalising return date – Applicant claimed proximity of redundancy to return from maternity leave suggested dismissal because of young children – Applicant also claimed fact gave evidence regarding L’s charges influenced redundancy decision – L rejected allegation applicant’s family circumstances reason for redundancy selection – Applicant claimed declined L’s offer of part time work because feared employment still vulnerable – Authority accepted respondent’s primary reason for dismissing applicant because genuine need to cut staffing levels – Authority did not accept respondent’s reason for applicant’s redundancy selection – Found China office closed over a year prior to redundancy and six months before applicant commenced maternity leave – Authority not satisfied respondent had shown why applicant made redundant in preference to other employees – Dismissal unjustified – Remedies – Authority accepted offer of part time employment made in good faith and applicant’s suspicions not well grounded – Applicant entitled to lost earnings of three months – Authority accepted applicant distressed by dismissal but also contributed to financial predicament by failing to accept offer of part time work – Found $5,000 compensation appropriate – Marketing executive |
| Result | Application granted ; Arrears of lost wages ($7,800) ; Compensation for humiliation etc ($5,000) ; No order for costs |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | aa 138_09.pdf [pdf 25 KB] |