| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 132/02 |
| Hearing date | 22 Apr 2002 |
| Determination date | 08 May 2002 |
| Member | K J Anderson |
| Representation | S Robinson (in person) ; M Sanders |
| Location | Auckland |
| Parties | Robinson v Tauranga Tool Shed |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Alleged unilateral variation of contract - Proposed reduction in wages and hours following financial difficulties - Dismissed for refusing to accept changes - Clear evidence of critical financial situation - Entitled to attempt to reduce costs - Dismissal for refusal to lower rate justified substantively - Lack of sufficient consultation rendered dismissal procedurally unfair - Remedies - Given one week's notice of dismissal - Fair procedure would have required 4 week's notice - COSTS - Litigant in person - Entitled to recover filing fee |
| Result | Application granted ; Reimbursement of lost wages ($1,560)(3 weeks) ; Compensation for humiliation etc ($1,500) ; Costs in favour of applicant ($70) |
| Cases Cited | GN Hale & Son Ltd v Wellington etc Caretakers etc IUOW [1990] 2 NZILR 1079; [1991] 1 NZLR 151 |
| Number of Pages | 5 |
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