| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 414/09 |
| Hearing date | 28 Oct 2009 |
| Determination date | 20 November 2009 |
| Member | A Dumbleton |
| Representation | M McFadden ; D Savage |
| Location | Auckland |
| Parties | Pryor v Gibson O'Connor Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent at end of year work function for redundancy – Found no dispute as recession grew respondent short of contracts to keep staff – Respondent conceded decided to make applicant redundant week prior to dismissal notice – Respondent also conceded did not attempt to communicate with applicant – Authority found applicant’s views not sought by respondent and no consultation before decision to dismiss – Dismissal unjustified – Remedies – Authority found not entitled to compensate applicant for lost job as redundancy genuine – Found applicant particularly disappointed by respondent’s failure to explain situation before dismissal as had long association with respondent – Found $4500 compensation appropriate – Found possibility extension of employment would be result of consultation – Found 3 weeks lost wages appropriate – Contracts manager/Site manager |
| Result | Application granted ; Reimbursement of lost wages (3 weeks) ; Compensation for humiliation etc ($4,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s123(1)(c)(i) |
| Cases Cited | Simpson Farms Ltd v Aberhart [2006] ERNZ 825;Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601 |
| Number of Pages | 5 |
| PDF File Link: | aa 414_09.pdf [pdf 21 KB] |