| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 393/09 |
| Hearing date | 2 Nov 2009 |
| Determination date | 06 November 2009 |
| Member | R A Monaghan |
| Representation | K Riley (Applicant in person) ; LR Li |
| Location | Auckland |
| Parties | Riley v International Product Sourcing Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Applicant cited director and shareholder as employer party to matter – Authority found not employer party in personal capacity – UNJUSTIFIED DISMISSAL – Redundancy – Respondent informed applicant company would close and position redundant – Found redundancy genuine – Applicant argued fair process not followed and not consulted before decision made – Found respondent communicated possibility of company closing to applicant and applicant aware of financial position – Found respondent failed to raise possibility of closure clearly enough to indicate redundancy imminent – Found applicant did not have proper opportunity to comment on prospect of redundancy – Dismissal unjustified – REMEDIES – Applicant would have lost position anyway as redundancy genuine – No order for reimbursement of lost wages except one week’s pay owing in lieu of notice – Compensation of $1,000 appropriate |
| Result | Application granted ; Pay in lieu of notice (one week) ; Compensation for humiliation etc ($1,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A |
| Cases Cited | Simpsons Farms Limited v Aberhart [2006] ERNZ 825 |
| Number of Pages | 6 |
| PDF File Link: | aa 393_09.pdf [pdf 23 KB] |