| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 216/10 |
| Hearing date | 10 Feb 2010 |
| Determination date | 07 May 2010 |
| Member | K J Anderson |
| Representation | L Neill (Applicant in person) ; P Marshall |
| Location | Whaktane |
| Parties | Neill v Frank and Peter Builders Ltd t/a The Bathroom Store |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Authority found respondent applicant’s employer - UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed redundancy unjustified – Respondent argued redundancy for genuine business reasons – Respondent made all employees redundant - Advised redundancy due to financial difficulties – Applicant offered to work casually - Respondent declined offer as unable to pay wages – Applicant’s employment terminated for redundancy – Authority found redundancy genuine as respondent had no choice but to terminate employment relationship with all employees – Found applicant erroneously believed respondent gave work to other employees – Found redundancy for genuine business reasons – Found however, redundancy procedurally unjustified as no notice given – Dismissal unjustified – REMEDIES – No contributory conduct – Reimbursement of two weeks pay in lieu of notice – Found $750 compensation appropriate given respondent’s financial position – COSTS – Authority declined to award costs in favour of applicant as no evidence claimed costs actually incurred |
| Result | Application granted ; Arrears of wages ($540)(Pay in lieu of notice) ; Compensation for humiliation etc ($750) ; No award for costs ; Disbursements in favour of applicant ($70)(Filling fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s65;ERA s66;ERA s103A;ERA s123(1) |
| Number of Pages | 6 |
| PDF File Link: | aa 216_10.pdf [pdf 26 KB] |