| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 196/09 |
| Hearing date | 8 Dec 2009 |
| Determination date | 11 December 2009 |
| Member | D Asher |
| Representation | P Drummond ; no appearance |
| Location | Palmerston North |
| Parties | Clark v Wincanton Investments Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - No appearance for respondent - Applicant approached by respondent’s director and owner (“C”) and offered managerial position with respondent - Applicant resigned two employment positions and commenced employment with respondent - Approximately three weeks later applicant given memorandum giving account of respondent’s financial situation and signalling possible redundancies - Applicant invited to meeting to discuss possible redundancy - Three days later applicant told position disestablished effective in two weeks - Authority accepted applicant assured respondent operating successfully and applicant had no idea respondent experiencing trading problems - Found applicant assured could forego leave of absence and bonus would shortly be eligible for from current employer as would get bonus from respondent - Authority found no financial evidence provided to support claim respondent operating unsuccessfully and disestablishment of applicant’s position necessary - Found applicant only employee made redundant - Found dismissal procedurally and substantively unjustified - Remedies - No contributory conduct - Applicant currently unemployed - Authority satisfied applicant attempted to mitigate loss - Reimbursement of lost wages from date of dismissal to investigation meeting awarded - Found applicant’s evidence of humiliation, betrayal, and financial difficulties robust and convincing - Found applicant publicly abused by C after dismissal - $12,000 compensation appropriate - General Manager |
| Result | Application granted ; Reimbursement of lost wages ($25,033.43) ; Compensation for humiliation etc ($12,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA Second Schedule cl12 |
| Cases Cited | Air New Zealand Ltd v V [2009] ERNZ 185 |
| Number of Pages | 7 |
| PDF File Link: | wa 196_09.pdf [pdf 25 KB] |