| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 405/10 |
| Hearing date | 6 Jul 2010 |
| Determination date | 07 September 2010 |
| Member | D King |
| Representation | K Tipa ; M Messenger |
| Location | Auckland |
| Parties | Csore and Anor v MJRC Therapies Ltd (formerly Essentially Skin Ltd) |
| Other Parties | Panton |
| Summary | UNJUSTIFIED DISMISSAL – Applicants employed by respondent who was predecessor of company M – Applicant’s claimed told would be no interviews for positions with respondent – Applicant’s told unsuccessful in gaining employment with respondent – However, other staff of respondent and new staff were employed – Second applicant offered employment at another branch of respondents on casual basis and no offer made to recompense travel expenses – Applicants did not dispute commercial rationale for sale of business – However, issue with manner redundancies carried out – Authority found applicants allowed to attend interviews for new company in work time – Found neither references or certificates of service provided at time of termination – Found respondent’s position would not have been prejudiced by disclosure of imminent sale – Furthermore, no confidentiality provision in later agreement – Found respondent owed duty to advise employees was considering to sell business – Found respondent failed to advise and consult employees regarding potential sale of business and disestablishment of positions – Dismissals unjustified – Remedies – Found $2,000 compensation appropriate – Found no notice period in employment agreement – Found two weeks would have been reasonable notice |
| Result | Application granted ; Compensation for humiliation etc ($2,000)(each) ; Arrears of wages (Notice period) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1B);ERA s4(1C) |
| Cases Cited | Harris v Charter Trucks Limited unreported, Couch J, 11 Sept 2007, CC 16/07 |
| Number of Pages | 4 |
| PDF File Link: | aa 405_10.pdf [pdf 18 KB] |