| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 22 |
| Hearing date | 11 Dec 2012 |
| Determination date | 01 March 2013 |
| Member | T MacKinnon |
| Representation | J Unsworth ; R Webster |
| Location | Wanganui |
| Parties | Rowe v Land Meat New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably dismissed by respondent - Three fixed term employment agreements with periods between during which applicant continued to work - Operational integration between respondent and parent company - Respondent claimed applicant informed final agreement fixed term and no renewal on expiry – General Manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant did not enter into final contract with informed consent as not advised position would be disestablished after employment ended. Final fixed term employment agreement did not meet legislative requirements and respondent could not rely on expiry to end applicant’s employment. Applicant’s position genuinely redundant but dismissal unjustifiable as respondent comprehensively failed to observe requirements of good faith in undertaking termination process. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant reimbursement of four months’ lost wages. Respondent to pay applicant reimbursement of four months’ lost benefits. $8,000 compensation appropriate. |
| Result | Application granted; Reimbursement of lost wages (4 months); Reimbursement of holiday pay (4 months); Reimbursement of lost benefits (company car and health insurance premiums)(4 months); Compensation for humiliation etc ($8,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c);ERA s66;ERA s66(4);ERA s66(4)(b);ERA s66(5);ERA s103A;ERA s124 |
| Cases Cited | Simpsons Farms Ltd v Aberhart [2006] ERNZ 825;Varney v Tasman Regional Sports trust unreported, Goddard CJ, 23 July 2004, CC 15/04 |
| Number of Pages | 14 |
| PDF File Link: | 2013_NZERA_Wellington_22.pdf [pdf 252 KB] |