| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 138A/09 |
| Determination date | 10 November 2009 |
| Member | J Crichton |
| Representation | P Morris ; No appearance |
| Location | Christchurch |
| Parties | Bandy v Collins Homes Ltd |
| Summary | PRACTICE AND PROCEDURE – No appearance for respondent – Application to reopen investigation – Previous determination found grievance brought out of time – Applicant claimed service of statement of problem raised personal grievance within time – Respondent failed to participate in Authority’s process – Authority found service of statement of problem raised personal grievance within time – UNJUSTIFIED DISMISSAL – Redundancy – Found redundancy process adopted by respondent unfair – Dismissal unjustified – REMEDIES – No contributory conduct – $3,000 compensation appropriate – Reimbursement for lost wages of $2240 appropriate – COSTS – Successful personal grievance – Length of investigation meeting not specified – Found applicant’s costs unreasonable in total – Further contribution to costs of $2,000 appropriate |
| Result | Application granted ; Reimbursement of lost wages ($2240) ; Compensation for humiliation etc ($3,000) ; Costs in favour of applicant ($2,000) |
| Main Category | Practice & Procedure |
| Statutes | ERA s128;ERA s132(1)(c)(i) |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |