| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 67 |
| Hearing date | 5 Feb 2013 |
| Determination date | 26 February 2013 |
| Member | J Crichton |
| Representation | J Gandy ; P Tremewan |
| Location | Auckland |
| Parties | MacDonald v The Optimum Clothing Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably dismissed by respondent - Applicant claimed former position advertised by respondent following redundancy - Respondent claimed made mistake in calculation of number of staff needed to maintain business - Purchase of new business by respondent - Office Worker |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant’s redundancy genuine and for proper commercial purposes. Position advertised by respondent not applicant’s former position as part time role and key customer service function removed. Respondent had no obligation to give applicant preference for re-employment. Genuine error made by respondent as to labour requirements going forward. Respondent followed fair process in making applicant redundant. No unjustified dismissal. |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Gates v Air New Zealand Ltd unreported, Couch J, 11 Sep 2009, Gates v Air New Zealand Ltd unreported, Couch J, 11 Sep 2009, AC 33/09;MacDonald v The Optimum Clothing Company Ltd [2012] NZERA Auckland 16 |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Auckland_67.pdf [pdf 180 KB] |