| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 281 |
| Hearing date | 17 Jun 2013 |
| Determination date | 04 July 2013 |
| Member | J Crichton |
| Representation | G Bennett ; T Skinner |
| Location | Auckland |
| Parties | Elliot v Age Concern Rodney Inc |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably disadvantaged by respondent’s actions and unjustifiably dismissed by respondent – Limited time between consultation and notification of redundancy – Onus put on employee’s to make decision – Long-term sick leave – Medical clearance required before return - Whether applicant dismissed at earlier time – Last on first off principle – Driver |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Limited time given for applicant to respond. Respondent should have followed up issue of redundancy. Applicant unjustifiably disadvantaged by respondent’s actions. Applicant not dismissed in earlier phone call. Genuine redundancy. Selection process not flawed. Dismissal justified. REMEDIES: $500 compensation appropriate. |
| Result | Application granted (unjustified disadvantage); Application dismissed (unjustified dismissal); Compensation for humiliation etc ($500) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A – ERA s124 |
| Number of Pages | 12 |
| PDF File Link: | 2013_NZERA_Auckland_281.pdf [pdf 178 KB] |