| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 313/09 |
| Hearing date | 17 Jul 2009 |
| Determination date | 01 September 2009 |
| Member | R A Monaghan |
| Representation | B Davies (Applicant in person) ; P Rinke-Mailman |
| Location | Auckland |
| Parties | Davies v Rinke Design Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant argued redundancy imposed to avoid obligation to pay commission – Authority found respondent did not seek to deprive applicant access to commissions – Applicant argued respondent’s financial position not precarious – Found fact company continued to trade not evidence of state of financial health – Parties had series of discussions about respondent’s failure to pay wages and applicant’s performance and presentation in showroom – Applicant subsequently advised of redundancy by email with no discussion or consultation – Found redundancy imposed for genuine reasons – Found respondent did not deal with applicant’s redundancy in good faith – Dismissal unjustified – REMEDIES – Applicant claimed reimbursement of three months’ remuneration and loss of commission payments – Found redundancy imposed for genuine reasons and would have been imposed even if respondent complied with Employment Relations Act 2000 – No award of lost remuneration – Applicant not entitled to commissions sought – Applicant entitled to compensation for injured feelings resulting from failure to provide information or opportunity to comment about redundancy – $4,000 compensation appropriate – PENALTY – Applicant sought penalty for lack of genuineness of redundancy – No order for penalty – Sales manager |
| Result | Application granted (unjustified dismissal) ; Compensation for humiliation etc ($4,000) ; Application dismissed (penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A;ERA s135 |
| Cases Cited | Simpsons Farms Limited v Aberhart [2006] ERNZ 825 |
| Number of Pages | 9 |
| PDF File Link: | aa 313_09.pdf [pdf 31 KB] |