| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 382 |
| Hearing date | 22 Aug 2011 |
| Determination date | 05 September 2011 |
| Member | A Dumbleton |
| Representation | J Ragg ; J Canterbury |
| Location | Auckland |
| Parties | Ragg v Howard Trading Auckland Ltd and Anor |
| Other Parties | Howard TMG Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Respondents’ director informed applicant position redundant – Applicant offered payment in lieu of contractual period of notice, reference and assistance from outplacement consultant – No consultation prior to dismissal – Respondents claimed grounds for redundancy justified and process reasonable given circumstances – Respondents claimed situation urgent as alternative was business to close down – Respondents acknowledged procedure not ideal – Authority found respondents failed to consult on possibility of applicant’s hours being reduced or whether redeployment viable – Dismissal unjustified – REMEDIES – No contributory conduct – No entitlement to reimbursement of lost wages as redundancy genuine – $3,750 compensation appropriate – Motorcycle Technician |
| Result | Application granted ; Compensation for humiliation etc ($3,750) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A |
| Cases Cited | Simpsons Farms Ltd v Aberhart [2006] ERNZ 825 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_382.pdf [pdf 14 KB] |