The Employment Relations Authority has upheld a personal
grievance claim for unjustified dismissal after an employee was dismissed for
redundancy. No consultation was
undertaken with the employee before she was advised that her position was being
made redundant.
The suddenness of the termination of her employment after
15 years working for the employer resulted in an award of $10,000 compensation
plus three months lost wages of $13,000.
The employer was ordered to pay $4,200 wage arrears and
holiday pay and was penalised $4,500 for having no employment agreement and for
failing to provide wage and time records when required.
If the employer had merely raised the possibility of a
redundancy with the employee and given her an opportunity to comment on the
proposed redundancy then the employer would have saved themselves the $23,000
awarded.
In addition employers must provide employment agreements
for all employees and provide wage and time records. A failure to do so will result in fines from
the ERA.
Alan
Knowsley
Employment
Lawyer Wellington
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