Dead man gets unjustified dismissal payout

A man has managed to get a second win in an employment dispute against his former employer, despite having died before the case could conclude.

Ricky Osgood died in September in Palmerston North before a grievance he had against Palmerston North business Wright Tanks could be resolved.

Dean Eaton has been charged with, and pleaded not guilty to, murdering Osgood.

Osgood scored an early win in the case when the Employment Relations Authority found in November he should be able to take legal action against Wright Tanks despite signing a full and final settlement.

He was granted a second win when the authority found in April he was unjustifiably dismissed.

Wright Tanks’ director Andrew Wright told Osgood he was making him redundant in September 2018 with immediate effect. He offered to pay Osgood a $1500 settlement – the settlement the authority found unlawful – to help him while he looked for work, which Osgood took up.

Since the settlement was found unlawful, Osgood was able to take action alleging he was unjustifiably dismissed.

In her decision, authority member Michele Ryan said a business must show it had genuine grounds to make a redundancy, consult with the employee, give the employee time to comment on the redundancy, then consider that comment for a redundancy to be legal.

It must also see if alternative work is available.

Osgood was employed to drive a hiab truck and crane, but did labouring when the truck was not working.

He was made redundant due to the truck remaining out of action.

Ryan said there was no consultation about Osgood’s redundancy, no notice his job was at risk and no discussion about Osgood continuing to do labouring.

That created an unfair situation for Osgood, so he was unjustifiably dismissed, Ryan said. ‘‘There is no evidence to suggest Mr Osgood contributed in [a] blameworthy way to the situation that led to his dismissal.’’

Wright Tanks, however, also failed to pay Osgood $583.20 in outstanding wages and corresponding holiday pay.

Wright Tanks must pay $14,848.76 minus any tax owed on unpaid wages.