| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 143/10 |
| Hearing date | 5 Jul 2010 |
| Determination date | 08 July 2010 |
| Member | J Crichton |
| Representation | J Marquet ; no appearance |
| Location | Dunedin |
| Parties | Graf v Westaff PTY Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed – No appearance for respondent – Applicant noticed business quieter but adamant no discussion about any sort of restructure – Respondent claimed applicant’s position surplus to requirements following restructure – Authority found respondent made no effort to engage with applicant about alleged redundancy – Found no redundancy process – Found no consultation – Found applicant handed dismissal letter following remark about looking for alternative employment – Found no redundancy situation – Dismissal unjustified – REMEDIES – No contributory conduct – Found dismissal no justification for dismissal – $7,000 compensation appropriate - $5,600 reimbursement of lost wages appropriate – Respondent to reimburse unpaid mileage – COSTS – Length of investigation meeting not specified - $2,500 contribution to costs appropriate – Recruiter |
| Result | Application granted ; Compensation for humiliation etc ($7,000) ; Reimbursement of lost wages ($5,600) ; Reimbursement of unpaid mileage ($100) ; Costs in favour of applicant ($2,500) |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Number of Pages | 5 |
| PDF File Link: | ca 143_10.pdf [pdf 17 KB] |