| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 174/09 |
| Hearing date | 8 Sep 2009 |
| Determination date | 12 October 2009 |
| Member | P Montgomery |
| Representation | T McKenzie ; D Smith |
| Location | Christchurch |
| Parties | Owens v Daniel Smith Industries Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed two people employed by respondent following dismissal – Found new employees not replacements for applicant – Found number of drivers reduced from eight to four – Found respondent entitled to make decision applicant’s position surplus to requirements – Found respondent failed to engage applicant before decision made and executed – Dismissal unjustified – REMEDIES – Found even if proper process followed, applicant’s position would have been disestablished – Applicant found alternative employment one week after dismissal – No award for lost remuneration – $1,500 compensation appropriate – COSTS – One hour investigation meeting – Found fair to award applicant contribution to costs – Driver |
| Result | Application granted ; Compensation for humiliation etc ($1,500) ; Costs in favour of applicant ($600) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Coutts Cars Ltd v Baguley [2000] 2 NZLR 533;PBO (formerly Rush Security Ltd) Ltd v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 6 |
| PDF File Link: | ca 174_09.pdf [pdf 32 KB] |