Senior solicitor awarded $46k for unfair dismissal

File photo / NZ Herald

A senior solicitor has been awarded $46,615 after being unfairly dismissed by redundancy from an Auckland law firm.

The Employment Relations Authority heard how Alan Johnson joined the Auckland firm Kevin McDonald & Associates in 2011.

Two years later his boss Mr McDonald told him it was possible he would be made redundant due to restructuring.

Mr Johnson asked to see the information and explanations for why he would be made redundant, but wasn't shown any proof of the economic reasons behind the redundancy.

Mr McDonald said he had expected Mr Johnson to be bringing to the company fees three times his salary, which wasn't the case.

Mr Johnson was worried the underlying reasons for the restructuring was based on performance concerns, and not for economic reasons.

He raised concerns about the lack of financial information being provided to him that would allow him a proper opportunity to respond to Mr McDonald's desire to reduce costs.

He offered to have his salary reduced by $20,000 if he could keep his job, but was given a redundancy notice and left the firm the same day.

Member of the Authority Vicki Campbell said a fair and reasonable employer could have provided Mr Johnson all the information and explanation for the redundancy.

"It is possible, but not certain, that Mr Johnson may have retained his employment albeit at a reduced rate of pay," Ms Campbell said.

She said Mr Johnson was entitled to three months wages and $10,000 for the hurt and humiliation he suffered when he was made redundant.

Ms Campbell ordered Kevin McDonald to pay $46,615 to Mr Johnson.

Mr McDonald was in court and could not be immediately reached for comment.