| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 455/09 |
| Hearing date | 21 Jul 2009 |
| Determination date | 17 December 2009 |
| Member | Y S Oldfield |
| Representation | R Harrison ; M Wolf |
| Location | Auckland |
| Parties | Hickey v The Critical Group |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant had difficulty establishing working relationship with New Zealand Sales Manager - Applicant called respondent’s managing director (“W”) in Australia to discuss problems - W responded appeared things would not work out and requested applicant attend conference call next day - At conference call applicant told position redundant due to economic crisis - Applicant paid one month’s pay in lieu of notice pursuant to employment agreement - Applicant claimed redundancy not genuine - Authority found business difficulties underlying cause of dismissal - However, found dismissal brought forward because of applicant’s call to W - Found had applicant not made call would have remained in employment another three months until further redundancies carried out - Found position not genuinely redundant on date of dismissal - Found no consultation - Dismissal unjustified - Remedies - Applicant entitled to three months reimbursement of lost wages - Authority found difficult for applicant to deal with sudden termination of employment so soon after started and when gave up secure employment - $2,000 compensation appropriate - Sales Representative |
| Result | Application granted ; Reimbursement of lost wages ($9,729.09) ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 3 |
| PDF File Link: | aa 455_09.pdf [pdf 17 KB] |