| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 277/09 |
| Hearing date | 7 Apr 2009 |
| Determination date | 14 August 2009 |
| Member | V Campbell |
| Representation | J Watson ; T Hale |
| Location | Hamilton |
| Parties | Aitken v Waikato Combined Equestrian Group Inc |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant’s position disestablished following review of management structure – Applicant argued position changed in title only – Respondent claimed redundancy genuine – Following review of company structure applicant informed of redundancy - Applicant advised equivalent position to be advertised on internet – Respondent confirmed applicant’s current position disestablished and to apply for equivalent position – Applicant informed position contestable because of performance issues – Respondent failed to put performance complaints to applicant during employment – Authority found respondent failed to provide full information about equivalent position – Found respondent failed to identify applicant not surplus to requirements – Found applicant dismissed because of performance issues and misunderstandings about her role – Found respondent’s actions fell short of what a fair and reasonable employer would have done - Dismissal unjustified – REMEDIES – Found no contributory conduct – Applicant entitled to lost wages of $4,125 – Interest rate awarded – Award of $5,000 compensation appropriate in all circumstances - Equine manager |
| Result | Application granted ; Reimbursement of lost wages ($4,125) ; Interest (4.8%); Compensation for humiliation etc ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A;ERA s124;ERA Second Schedule cl11(1) |
| Cases Cited | Communication & Energy Workers Union Inc v Telecom NZ Ltd [1993] 2 ERNZ 429;GN Hale & Son Ltd v Wellington Caretakers IUOW [1991] 1 NZLR 151;NZ Fasteners Stainless Ltd v Thwaites [2000] ERNZ 739;Simpson Farms v Aberhart [2006] ERNZ 825;Wellington International Airport Ltd v Air NZ [1993] 1 NZLR 671 |
| Number of Pages | 9 |
| PDF File Link: | aa 277_09.pdf [pdf 33 KB] |