| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 413 |
| Hearing date | 23 Jun 2011 |
| Determination date | 20 September 2011 |
| Member | K J Anderson |
| Representation | M Nutsford ; B Williams (in person) |
| Location | Hamilton |
| Parties | Viljoen v Williams t/a Baz's Private Hire |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Respondent informed applicant that school run might have to close down due to number of children going to college – Respondent informed applicant not to come to work as going to use bigger bus for school run which would reduce number of trips – Respondent told users of school run service that no longer employed applicant – Respondent claimed notice of termination not required as applicant casual employee – Authority found more probable than not that loss of applicant’s employment was on grounds of genuine redundancy due to forthcoming reduction in number of children that required service and use of bigger bus – Found applicant knew employment was going to end but understood it would happen at end of school year – Found applicant part-time employee and entitled to fair and reasonable notice of loss of employment – Found circulation of notice to users of school run service which reported departure of applicant before it had been confirmed with applicant was unreasonable – Dismissal unjustified – REMEDIES – Found given redundancy genuine appropriate to terminate employment on reasonable notice – $400 reimbursement of lost wages appropriate – Found applicant clearly humiliated by discovery that no longer employed via notice sent to users of school run service – Found small scale of respondent’s business had to be taken into account – $500 compensation appropriate – ARREARS OF HOLIDAY PAY – Applicant sought unpaid holiday pay – Found applicant produced no detailed evidence of earnings over period that claimed holiday pay for – Found applicant accepted cash rate of pay as all inclusive rate – No arrears of holiday pay – COSTS – Length of investigation meeting not specified – Applicant sought contribution to $2,700 total costs – Found investigation meeting required very little preparation – Respondent to pay $750 contribution to applicant’s costs – Driver |
| Result | Application granted (unjustified dismissal) ; Reimbursement of lost wages ($400) ; Compensation for humiliation etc ($500) ; Application dismissed (arrears of holiday pay) ; Costs in favour of applicant ($750) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Auckland_413.pdf [pdf 21 KB] |