| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 117 |
| Hearing date | 10 Aug 2011 |
| Determination date | 13 June 2012 |
| Member | P Cheyne |
| Representation | J Goldstein v R O Parmenter |
| Parties | Green v Enviro Waste Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Authority found respondent’s decision to restructure genuine business decision – Found no substantially similar positions for respondent to offer applicant and applicant would not have accepted new position if offered to applicant – Found consultation with applicant ended as result of applicant’s desire to leave – Dismissal justified – Operations manager |
| Abstract | Applicant employed by respondent as operations manager. Applicant claimed unjustifiably dismissed by respondent. Respondent proposed disestablishing applicant’s position and creating new position. Applicant advised respondent applicant wanted matter resolved immediately and applicant prepared to leave. Respondent encouraged applicant to reconsider and suggested respondent may need senior driver/supervisor but applicant continued to prefer exit package. Respondent told applicant no present need for senior driver/supervisor and applicant dismissed. Applicant claimed not offered alternative position and new position same as applicant’s position. Applicant claimed no opportunity to comment on wider restructure and not given all relevant information.;AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Authority noted delay in issuing determination due to Christchurch earthquake. Respondent’s decision to restructure genuine business decision. No substantially similar positions for respondent to offer applicant and applicant would not have accepted new position if offered to applicant. Consultation with applicant ended as result of applicant’s desire to leave. Dismissal justified. |
| Result | Application dismissed; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s4(1A)(c) |
| Cases Cited | Jinkinson v Oceana Gold (NZ) Ltd (No 2) (2011) 9 NZELC 93,655;Simpsons Farms Ltd v Aberhart [2006] ERNZ 825;Wang v Hamilton Multicultural Services Trust [2010] ERNZ 468 |
| Number of Pages | 11 |
| PDF File Link: | 2012_NZERA_Christchurch_117.pdf [pdf 133 KB] |