| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 380 |
| Hearing date | 30 Aug 2011 |
| Determination date | 02 September 2011 |
| Member | A Dumbleton |
| Representation | C Mallon (in person) ; N Yanni |
| Location | Auckland |
| Parties | Mallon v CLS Capital Link Services Pty Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Applicant asked for payment from respondent for working Labour Day – Respondent international account manager (“N”) told applicant not entitled to payment – Applicant told by N to immediately start two weeks notice period after applicant maintained entitlement to payment – Applicant advised N that there needed to be good reason for dismissal – N first gave no reason to applicant for dismissal but later stated that respondent did not have enough work to continue employment – Applicant told to pick up two weeks pay in lieu of notice once signed form stating that nothing more was owed by respondent – Applicant declined to sign form and did not receive final pay – Respondent rejected applicant’s attempts to arrange mediation despite requirement in employment agreement – Authority found redundancy not direct reason for respondent’s decision to dismiss applicant – Found complete failure by respondent to consult with applicant before dismissal – Dismissal unjustified – REMEDIES – Found applicant entitled to recover two weeks wages for notice period – Respondent director wrote cheque for applicant during investigation meeting – Found respondent ordered to make payment if cheque not cleared – Found employment would not have lasted beyond about six weeks after applicant dismissed – $1,680 reimbursement of lost wages appropriate – $3,250 compensation appropriate – Customer Service |
| Result | Application granted ; Reimbursement of lost wages ($1,680) ; Compensation for humiliation etc ($3,250) ; Interest (5%) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Auckland_380.pdf [pdf 17 KB] |