An
employee was made redundant and given three weeks’ notice by his employer under
the guise that his role within the company was no longer economical.
The
Employment Relations Authority upheld the employee’s personal grievance claim for
unjustified dismissal.
The
ERA found that the employee had not been adequately consulted about the
redundancy, and that the redundancy was not genuine. The ERA held that the
employer had ulterior motives for getting rid of the employee, namely his poor
performance.
The
ERA awarded the employee $15,000 compensation for hurt and humiliation. The
employee had been working for the employer for over 20 years and was deeply
affected by his dismissal. The employee noted that his employer was absent on
his last day of work and did not offer a reference, or organise a farewell
function.
Compensation
was reduced by $1,000 because the employee breached his good faith obligations by
applying for new employment while at work.
Alan Knowsley
Employment Lawyer Wellington
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