| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 216 |
| Hearing date | 26 Mar 2013 |
| Determination date | 29 May 2013 |
| Member | K J Anderson |
| Representation | W Hika ; W Macphail |
| Location | Tauranga |
| Parties | Hafner v Club Mount Maunganui Inc |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Restructure – Respondent commenced review of restaurant structure – Outcome of review suggested restaurant overstaffed – Kitchen hand |
| Abstract | AUTHORITY FOUND –;DISMISSAL JUSTIFIED: Evidenced showed restaurant operation not financially viable. Respondent fair and reasonable to disestablish applicant’s position. Open to respondent to use remaining staff to carry out applicant’s work following dismissal. Process adopted by respondent fair and reasonable. Dismissal justified. |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Simpson’s Farm Limited v Aberhart [2006] ERNZ 825 |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Auckland_216.pdf [pdf 210 KB] |