| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 46/10 |
| Hearing date | 25 Nov 2009 - 3 Feb 2010 (3 days) |
| Determination date | 05 February 2010 |
| Member | A Dumbleton |
| Representation | D Williamson (Applicant in person) ; P Meng |
| Location | Auckland |
| Parties | Williamson v Victoria Institute (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant remained employed with respondent after specified contract expiry date – No new agreement entered – Applicant offered permanent part time position or another fixed term position – Fixed term position to be paid at lower rate – Pay rates included holiday pay component – Applicant’s continuing employment terminated for redundancy – Applicant resigned – Authority found no genuine redundancy situation to justify termination – Found respondent contradicted itself by making applicant redundant while offering further employment – Found reason for dismissal was applicant would not accept proposed rate of pay for other position – Found redundancy used to justify rates of pay offered to applicant – Found applicant resigned but already dismissed – Dismissal unjustified – REMEDIES – Applicant sought reinstatement – Found reinstatement practicable – Applicant to be reinstated to permanent position – Reimbursement of lost wages appropriate – Interest payable – Found applicant entitled to annual leave after one years employment – Found holiday pay to be paid at ordinary rate at commencement of holiday – $4,000 compensation appropriate – Found respondent should review fixed term employment of other employees – Part time teacher |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages ($6,500) ; Interest (5%) ; Compensation for humiliation etc ($4,000) ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s21;ERA s66;ERA s66(3)(b);ERA s103A;ERA s124;ERA s128(2) |
| Number of Pages | 9 |
| PDF File Link: | aa 46_10.pdf [pdf 43 KB] |