A Tauranga accounting firm's appeal against an Employment Court decision has been dismissed.
Grace Team Accounting was found to have unjustifiably sacked Judith Brake in 2013 and was order to pay the former employee $85,000.
Grace Team Accounting has been ordered to pay Judith Brake $85,000 for unjustifiably sacking her in 2010.
Leave was given for the accounting firm to appeal the decision on December 4, 2013.
The firm claimed the Employment Court didn't apply the correct test under s.103A of the Employment Relations Act 2000 for justification of dismissal.
They also asserted that they failed to apply the correct principles when exercising its discretion to award remedies.
After considering the evidence, the Court of Appeal found the Employment Court did apply both methods correctly and ordered Grace Team Accounting to pay Judith Brake the $85,000.
The firm employed Judith in October 2009 on the promise of a permanent job, before making her redundant in April 2010.
She took a personal grievance to the Employment Relations Authority which upheld Grace Accounting's actions and later awarded costs to GTA.
In May 2013, the Employment Court overturned the ERA decision ordering the accountancy firm to pay up to $100,000 in costs.
The Court ruled Judith was unjustifiably dismissed and ordered Grace Accounting to pay its former employee $65,000 in lost wages, plus $20,000 for her humiliation, loss of dignity and hurt feelings. She is also awarded costs which are yet to be determined.
Read more about the original determination here.



1 comment
What a case it is
Posted on 14-11-2014 08:33 | By YOGI BEAR
hate to see the legal bills for this lot. So the problem just gets worse.
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