| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 306/10 |
| Hearing date | 3 Jun 2010 |
| Determination date | 29 June 2010 |
| Member | K J Anderson |
| Representation | J Foden ; R Berry |
| Location | Auckland |
| Parties | Kissick v Companies For You Ltd |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably dismissed – Applicant argued suffered disadvantage by reduction in working hours and income – Meeting held and applicant informed had to improve re-booking of clients and retail sales – Applicant’s hours subsequently reduced – Applicant claimed director threatened dismissal following failing to greet client – Meeting held to canvas ideas and suggestions in improving profitability of business – Meeting held with applicant to discuss issues raised with director – Applicant dismissed for redundancy – Authority found manner in which hours reduced not how fair and reasonable employer would have acted – Found no consultation and applicant merely told hours to be reduced – Found unjustified disadvantage – Found redundancy genuine – Found applicant aware business in financial difficulties – Found redundancy process fair and reasonable – Dismissal justified – REMEDIES – Applicant reimbursed for lost income as result of reduction in working hours – No entitlement to reimbursement of wages – Found business in financial trouble at time applicant’s hours reduced – Found no residual funds in business - $500 compensation appropriate – COSTS – Found applicant had limited success in claims – $300 costs appropriate |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($500) ; Costs in favour of applicant ($300) ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s103(1)(b);ERA s103A |
| Cases Cited | Communication & Energy Workers Union Inc v Telecom New Zealand Ltd [1993] 2 ERNZ 429;Wellington International Airport Ltd v Air NZ Ltd [1993] 1 NZLR 671 |
| Number of Pages | 11 |
| PDF File Link: | aa 306_10.pdf [pdf 37 KB] |