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Home / Northern Advocate

Garden centre worker wins $20,000 over dismissal

By Imran Ali
Northern Advocate·
20 Jul, 2015 10:04 PM2 mins to read

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A woman has been awarded more than $20,000 by the Employment Relation's Authority.

A woman has been awarded more than $20,000 by the Employment Relation's Authority.

A foreign national who was forced to leave the country after she was dismissed from her job upon her return from a work-related injury has been awarded more than $20,000 in lost pay and distress compensation.

British woman Rozalind Jones was employed by Kerikeri-based Palmco Garden centre as a garden and shop assistant from March 17, 2014, until she was made redundant on November 24.

On September 26, she fell into a hole at work and broke her ankle and was off work until November 24. When she returned to work, site manager Mike Wright handed Ms Jones a letter making her redundant. Three days later, Palmco offered another woman, Wendy Laurenson, part-time work but she was also made redundant in April 2015.

Company director Kristin Lammerting visited Ms Jones at her home in October and told the injured employee a decision was made to make her redundant and that she would have been informed of it on September 26 had she not had her accident.

Ms Jones alleged Dr Lammerting told her nobody at Palmco liked working with her or wanted her to remain at the business. She said the meeting ended with the company director telling her once her plaster cast was removed, she would be given two weeks' notice of redundancy and she would be paid $2400 if she did not cause any "drama".

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Ms Jones said she was shocked and distressed and asked her to leave.

Palmco said Ms Jones was made redundant based on advice from its accountant it was facing losses and had a lack of working capital.

But Employment Relations' Authority member Rachel Larmer said there was no explanation as to why Mr Wright and Ms Laurenson were employed if Ms Jones' redundancy was intended to save staff costs.

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"Her dismissal was a fait accompli. There was no consultation. There was no explanation of why a restructuring was necessary or why Ms Jones had been selected for redundancy."

Ms Jones left New Zealand in February this year as she was not eligible for government assistance and could not afford to remain in the country without an income.

The authority ordered Palmco to pay her $14,655 in lost remuneration and a further $6000 in distress compensation.

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