| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 64 |
| Determination date | 18 February 2011 |
| Member | D King |
| Representation | B Edwards ; T Wallace |
| Location | Christchurch |
| Parties | Carter v Vanda Wholesale Blind Co Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed reasons for redundancy disingenuous and implementation lacked fair procedure – Shareholder of respondent (“W”) notified applicant business not working and applicant to be made redundant effective immediately – Applicant claimed respondent took knowledge business showing signs of success for future and wanted to end applicant’s employment to save costs – Applicant claimed termination removed only non-family member involved in running of business – W claimed no alternatives available due to precarious financial situation – W claimed applicant told of respondent’s financial situation on many occasions – Authority found respondent ceased trading and proceedings instigated to wind company up – Found not sufficient to claim applicant knew of financial situation – Found applicant unable to participate in decision as to whether company should be wound up and employment cease – Found position disestablished – Found redundancy genuine – Dismissal unjustified – General Manager |
| Result | Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_64.pdf [pdf 20 KB] |