| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 468/09 |
| Hearing date | 16 Oct 2007 - 24 Jan 2008 (2 days) |
| Determination date | 22 December 2009 |
| Member | M Urlich |
| Representation | L Darroch ; M Ryan |
| Location | Auckland |
| Parties | Lewis v Gateway Motel Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant employed in motel which respondent purchased – Applicant claimed was told would be offered position with respondent – Respondent argued not obligated to offer applicant employment – Authority found applicant not within specified category of employee with continuity of employment under subpart 1, Part 6A Employment Relations Act 2000 (“ERA”) – Found no evidence restaurant applicant worked in provided food catering services – However, Authority found applicant was effected employee under s69OK ERA – Found sale of business, restructuring as defined under s69OI(a)(ii) ERA, applicant affected employee per s69OI(2) ERA and was agreement and consensus for applicant’s employment to transfer – Found vendor’s representative advised staff, based on email and verbal communications with purchaser’s representative, that all staff would transfer to purchaser (respondent) – Found applicant confirmed intention to transfer employment by signature on list of employees – Found respondent received letter and list of transferring employees, with applicant’s name on list, and did not object – Found respondent failed to abide by agreement made with vendor that applicant’s employment would transfer – Found consequence of breach was applicant’s unjustified dismissal – REMEDIES – No contributory conduct – Found applicant deeply affected by dismissal – $4,000 compensation appropriate – Found no evidence applicant took reasonable steps to mitigate loss – Four weeks lost wages awarded – Barman/waiter |
| Result | Application granted ; Reimbursement of lost wages (4 weeks) ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA Part 6A, subpart 1;ERA Part 6A, subpart 3;ERA s69OI(2);ERA s69OI(a)(ii);ERA s69OK;ERA Schedule 1A(f) |
| Cases Cited | Olsen v Carter Holt Harvey IT Limited [2008] ERNZ 557 |
| Number of Pages | 5 |
| PDF File Link: | aa 468_09.pdf [pdf 31 KB] |