| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 204/09 |
| Hearing date | 26 Nov 2009 |
| Determination date | 21 December 2009 |
| Member | D Asher |
| Representation | R Williams (in person) ; R Cribb |
| Location | Wanganui |
| Parties | Williams v Central Claim Charitable Trust |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed dismissed without notice – Respondent argued insufficient funds to continue applicant’s employment - Applicant approached by respondent asking applicant to return office keys – Applicant subsequently informed by other employees applicant’s position about to be terminated – Applicant asked respondent whether employment would be terminated – Respondent advised applicant still had employment – Applicant subsequently advised by respondent employment terminated – Respondent advised contracts ended and insufficient funds to continue operating - Respondent later asked applicant to reapply for temporary position – Applicant reapplied however another person appointed – Personal grievance raised – Authority found no evidence when respondent knew unable to continue applicant’s employment due to insufficient funds – Found no notice and reason provided for termination – Found dismissal predetermined – Found respondent’s request for applicant to reapply and then appoint somebody else exacerbated procedural deficiencies – Dismissal unjustified – REMEDIES - No contributory conduct – Found $7,000 compensation appropriate as sudden loss of employment caused considerable hardship – Applicant sought Authority to direct respondent to provide apology or reference – Found no jurisdiction to make such direction – Noted respondent expressed regret for how applicant’s termination handled during investigation meeting – Administrator |
| Result | Application granted ; Compensation for humiliation etc ($7,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Air New Zealand Ltd v V [2009] ERNZ 185 |
| Number of Pages | 7 |
| PDF File Link: | wa 204_09.pdf [pdf 25 KB] |