| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 382/10 |
| Hearing date | 16 Aug 2010 |
| Determination date | 24 August 2010 |
| Member | R A Monaghan |
| Representation | N Griffith (in person) ; no appearance |
| Location | Auckland |
| Parties | Griffith v Wiset Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – No appearance for respondent – Applicant received text message from wife of director and shareholder changing rostered hours – Applicant not willing to accept new hours – Applicant reported for work at new start time and handed redundancy letter – Authority found applicant should have been warned of prospect of redundancy – Found text message merely advised of change in hours and was premature and inadequate – Found if parties could not agree about start time, respondent should have explained why – Found not necessary to notify applicant of redundancy immediately without opportunity for applicant to consider response in light of information should have been given – Dismissal unjustified – REMEDIES – $5,000 compensation appropriate – Assistant Chef |
| Result | Application granted ; Compensation for humiliation etc ($5,000) ; No order for costs ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA Second Schedule cl12 |
| Cases Cited | Simpson’s Farms Limited v Aberhart [2006] ERNZ 825 |
| Number of Pages | 6 |
| PDF File Link: | aa 382_10.pdf [pdf 20 KB] |