| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 128 |
| Hearing date | 19 Mar 2013 |
| Determination date | 15 April 2013 |
| Member | R Larmer |
| Representation | R Rousell ; G Taylor |
| Location | Auckland |
| Parties | Ede v Wilco Precast Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Whether redundancy sham – Whether respondent had plenty of work coming up – Whether applicant misled into believing not only employee at risk of redundancy – Applicant not consulted by decision-maker – Applicant instructed to keep restructuring proposal confidential – PENALTY – GOOD FAITH – Applicant sought penalty for respondent’s breach of good faith – Whether respondent failed to supply applicant with material relevant to applicant’s continued employment – Whether applicant not told identity of correct decision-maker – Whether respondent’s offer to make tax-free payment in lieu of notice if applicant entered settlement agreement breach of good faith – Concrete leading hand |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent’s orders at lowest level ever prior to applicant’s redundancy. No conspiracy to remove applicant from job and applicant’s redundancy genuine commercial decision. Preferable for decision-maker to conduct consultation meetings but in particular circumstances respondent’s failure minor process error not resulting in any unfairness to applicant. Respondent’s instruction to keep restructuring proposal confidential did not prejudice applicant in any way. Dismissal justified.;PENALTY – GOOD FAITH: Respondent not required to provide information specified by applicant as information not relevant to proposed disestablishment of applicant’s position. Applicant should have been informed of identity of correct decision-maker but respondent’s failure not breach of good faith. Applicant provided with real and genuine opportunity to provide views on respondent’s proposal. Respondent’s offer to make tax-free payment when payment did not consist of genuine distress compensation and when applicant not legally entitled to such payment breach of good faith. Requirements for penalty not met. No penalty. |
| Result | Application partially granted (penalty – good faith) ; Application dismissed (unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1)(a);ERA s4(1A);ERA s4A;ERA s103A;ERA s103A(2);ERA s103A(3);ERA s103A(4);ERA s103A(5);ERA s149 |
| Number of Pages | 12 |
| PDF File Link: | 2013_NZERA_Auckland_128.pdf [pdf 243 KB] |