| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 464/09 |
| Hearing date | 23 Sep 2009 |
| Determination date | 21 December 2009 |
| Member | D King |
| Representation | A Heinrich ; A Fursdon |
| Location | Auckland |
| Parties | Thickpenny v Superior Sheetmetals Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed dismissal unjustified - Respondent admitted redundancy process could have been handled better but redundancy genuine - Respondent’s director (“X”) approached another company (“P”) to enquire whether any temporary work for applicant as respondent’s volume of work reduced - Respondent claimed discussed respondent’s situation with applicant and arrangement for work with P and that applicant would remain respondent’s employee - Applicant claimed simply told to go and work for P - P informed respondent work for applicant would end in couple of weeks - Respondent believed P offered applicant full time job - Applicant called to meeting where told respondent’s position not improving and employment would end in two weeks - Respondent advised applicant had turned down offer of employment with P - Applicant claimed employment terminated because X did not like him - Found genuine reason for redundancy as business experiencing problems - Applicant’s claim dismissed because X disliked him rejected - Found dismissal decision predetermined - Found no consultation, applicant not informed of purpose of meeting or given opportunity to obtain representation or advice - Dismissal unjustified - Remedies - No contributory conduct - As redundancy genuine no reimbursement of lost wages awarded - Applicant claimed termination meeting upsetting and unpleasant - Found applicant hurt and humiliated by dismissal - $4,500 compensation appropriate - Foreman |
| Result | Application granted ; Compensation for humiliation etc ($4,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 4 |
| PDF File Link: | aa 464_09.pdf [pdf 18 KB] |