| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 282 |
| Hearing date | 24 Apr 2013 |
| Determination date | 04 July 2013 |
| Member | J Crichton |
| Representation | P Kotze ; L Petrou |
| Location | Auckland |
| Parties | Hearn v Cable Bay Wine Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Sale of business – Applicant’s employment transferred – Whether applicant employed on valid trial period – Respondent in financial strife – Respondent concerned about applicant’s qualifications – Applicant claimed position still being performed – Accounts manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Respondent could not rely on trial period as written employment agreement not provided until after applicant commenced work and trial period provision defective. Redundancy genuine. Applicant not consulted but told what respondent’s intention was before applicant had opportunity to engage with respondent. Respondent failed to make clear applicant not sufficiently qualified for new position. No unjustified dismissal but applicant unjustifiably disadvantaged by significantly flawed restructure process. REMEDIES: No contributory conduct. $6,000 compensation appropriate. |
| Result | Application partially granted ; Compensation for humiliation etc ($6,000) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s67A;ERA s124 |
| Cases Cited | Vice-Chancellor of Massey University v Wrigley [2011] ERNZ 138 |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Auckland_282.pdf [pdf 119 KB] |