| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 206 |
| Hearing date | 6 Mar 2013 |
| Determination date | 22 May 2013 |
| Member | K J Anderson |
| Representation | D Adam (in person) ; B Levesque |
| Location | Auckland |
| Parties | Adam v Caldwell & Levesque Electrical Ltd |
| Summary | BREACH OF CONTRACT – Applicant sought damages for respondent’s breach of oral contract – Whether respondent gave assurance about applicant’s future prospects – DISPUTE – Parties disputed whether respondent could require applicant to take unpaid leave – Respondent claimed reduction in work due to Rugby World Cup – Respondent concurrently hiring new staff – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Whether redundancy genuine – Applicant threatened respondent’s service director for failure to confirm letter of recommendation – Electrician |
| Abstract | AUTHORITY FOUND –;BREACH OF CONTRACT: No evidence establishing undertaking applicant would have advantageous future prospects with respondent. No breach of contract.;DISPUTE: No evidence applicant objected to taking leave. Likely alternative to taking leave redundancy. Applicant accepted situation. Question answered in favour of respondent.;UNJUSTIFIED DISMISSAL: Respondent had no certainty work would increase. No material evidence of ulterior motive. Genuine redundancy. Process adopted appropriate. Applicant could not be surprised respondent reluctant to give applicant endorsement as prospective employee. Dismissal justified. |
| Result | Applications dismissed ; Question answered in favour of respondent ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | G N Hale & Sons Ltd v Wellington etc Caretakers etc IUOW (1990) ERNZ Sel Cas 843 ; [1991] 1 NZLR 151;Simpsons Farms Ltd v Aberhart [2006] ERNZ 825 |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Auckland_206.pdf [pdf 228 KB] |