| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 136 |
| Hearing date | 12 Sep 2011 |
| Determination date | 15 September 2011 |
| Member | M B Loftus |
| Representation | R Hancock ; A Almazroey |
| Location | Christchurch |
| Parties | Lee v AA Trade & Enterprise Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed dismissal justified due to uncertain future caused by sudden loss of clientele after Christchurch earthquake – Applicant agreed with respondent manager (“A”) to reduce hours and work from home – Respondent claimed Christchurch earthquake had substantial impact on business and needed to reduce staff numbers – A decided most appropriate for applicant to be made redundant as applicant unable to perform all required tasks unlike other staff – Applicant formed impression after phone call with A that had been fired and impression confirmed by subsequent email – Applicant immediately stopped work – Authority found termination of employment was occasioned by applicant’s actions and occurred before date envisaged by respondent – Found no actual dismissal – UNJUSTIFIED DISMISSAL – Constructive dismissal – UNJUSTIFIED DISADVANTAGE – Authority used power under s122 Employment Relations Act 2000 to find personal grievance other than type alleged – Found nothing indirect about respondent’s intentions as planned to dismiss applicant for reasons of redundancy – Found applicant not compelled to leave employment – Found no constructive dismissal – Found situation created by Christchurch earthquake would have provided substantive justification for redundancy – Found respondent made decision to dismiss applicant without getting any input from applicant – Found respondent did not consult applicant about redundancy when reduced applicant’s hours – Unjustified disadvantage – REMEDIES – Found applicant hurt and confused by termination – $1,000 compensation appropriate – Student Homestay Co-ordinator |
| Result | Applications dismissed (unjustified dismissal) ; Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($1,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c);ERA s122 |
| Cases Cited | Goodman Fielder Wattie Agri-Products Ltd v Gibson [1995] 2 ERNZ 323 |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Christchurch_136.pdf [pdf 25 KB] |