Employment Relations Authority Determines Accounts Administrator Unfairly Dismissed


This case was covered in This Stuff Article Mechanic who sacked worker via letter on keyboard ordered to pay $15,000 compensation | Stuff.co.nz

The Employment Relations Authority has awarded lost wages and $15,000 in compensation to Mr Roche after finding he was unfairly dismissed by Creswick Garages.

The dismissal was found by the Authority to be procedurally unfair due to a “total absence of consultation” in circumstances where the law is clear that an employer seeking to lawfully dismiss an employee must first consult. Amongst other matters consultation includes an employer informing their employee that their employment is at risk of being terminated as a result of the redundancy process. It is important to note the duty to consult is the employer’s.

The dismissal was also found to have been substantively unfair because it failed to convince that the Authority the business was in a parlous situation, as it suggested to Mr Roche when it dismissed him from his employment. This was primarily because the financial statements provided by Creswick Garage to the Authority did not support its position. The company had a high gross surplus margin (over 45%), was profitable and capable of even paying a significant shareholder salary.

Buckett Law represented Mr Roche in the proceedings and we are pleased to see that Mr Roche has obtained a fair outcome.


Has your employer dismissed you without prior notice and consultation? Did the dismissal come out of the blue? If so then contact Buckett Law right away to obtain legal advice.