| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 141/09 |
| Hearing date | 10 Sep 2009 |
| Determination date | 24 September 2009 |
| Member | D Asher |
| Representation | JA Burney ; G Service, E Moore |
| Location | Palmerston North |
| Parties | Smith v Konica Minolta (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant argued unjustified dismissal and redundancy compensation owed – Respondent argued redundancy procedurally fair and genuine – Respondent claimed applicant subject to old individual employment agreement which did not provide for redundancy compensation because new one never signed – Authority found applicant never agreed to new individual employment agreement – Found applicant not entitled to redundancy compensation – Respondent used six criteria to determine redundancy – Respondent attributed scores that reflected complaints never put to applicant – Found reasons for redundancy not transparent – Found decision to terminate flawed – Dismissal unjustified – REMEDIES – No contributory conduct – $8,000 compensation appropriate – Service technician |
| Result | Application granted ; Compensation for humiliation etc ($8,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Cases Cited | Coutts Cars Ltd v Baguley [2001] ERNZ 660;EDS (NZ) Ltd v Shaddox [2004] ERNZ 497;Simpsons Farms Ltd v Aberhart [2006] ERNZ 825;Smith v Sovereign Ltd [2005] ERNZ 832 |
| Number of Pages | 8 |
| PDF File Link: | wa 141_09.pdf [pdf 28 KB] |