| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 16 |
| Hearing date | 18 - 19 Sep 2012 |
| Determination date | 08 February 2013 |
| Member | P R Stapp |
| Representation | G O'Sullivan ; P Swarbrick |
| Location | Taupo |
| Parties | Floyd v Hauhungaroa 2C Block Inc |
| Summary | UNJUSTIFIABLE DISADVANTAGE - UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably disadvantaged by respondent breaching terms of employment and failing to act in good faith and unjustifiably dismissed by respondent - Commencement date of new employment agreement - Appointment of acting farm manager while applicant on leave - Allegations of poor performance and poor stock management - Farm Manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIABLE DISADVANTAGE - UNJUSTIFIED DISMISSAL: New employment agreement not commenced and applicant covered by older employment agreement. No unjustified disadvantage. Respondent entitled to make applicant redundant and applicant consulted and informed of likely outcome. Applicant not treated fairly when respondent retained services of acting farm manager when applicant able to work but on garden leave, and before applicant’s position ceased to exist. Fair and reasonable employer could not rely on replacing applicant before giving effect to redundancy decision. Applicant denied opportunity to apply for new role from equal position as decision made to replace applicant as did not have skills. Dismissal unjustified. REMEDIES: No contributory conduct. Reinstatement not practical and reasonable. Respondent to pay applicant $16,154 reimbursement of lost wages. $10,000 compensation appropriate. |
| Result | Application granted; Reimbursement of lost wages ($16,154.83) ; Compensation for humiliation etc ($10,000); Costs |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(2);ERA s103A(3);ERA s103A(4) |
| Cases Cited | Simpsons Farms Ltd v Aberhart [2006] ERNZ 825 |
| Number of Pages | 13 |
| PDF File Link: | 2013_NZERA_Wellington_16.pdf [pdf 200 KB] |