| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 171 |
| Hearing date | 26 Mar 2013 |
| Determination date | 26 August 2013 |
| Member | C Hickey |
| Representation | G Malone ; P Swarbrick |
| Location | Nelson |
| Parties | Krabo v Turners & Growers Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Redundancy - Applicant claimed unjustifiably disadvantaged by actions of respondent - Applicant claimed position disestablished and no information provided by respondent - Applicant claimed disadvantaged by respondent notifying third parties of applicant's diminished role - GOOD FAITH - Applicant claimed respondent breached duty of good faith by failing to communicate in timely manner - Kiwifruit operations Manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE: Authority ordered non publication of comercially sensitive information. Role and responsibilities significantly changed by duties being taken away from applicant. Changes unilaterally imposed. Unsettling and embarrassing for applicant to discover information second hand. Respondent failed to offer applicant reasons for change in operations. Respondent's actions not justifiable and not fair or reasonable. Applicant unjustifiably disadvantaged by respondent's actions. REMEDIES: $6000 compensation appropriate.;GOOD FAITH: Respondent breached obligation of good faith by not providing applicant with information relevant to the eventual discontinuance of employment. |
| Result | Applications granted; Compensation for humiliation etc ($6,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1) - ERA s(1A)(b) - ERA s4(1A)(c) ERA s103(1)(b) - ERA s103A - ERA s103A(3) - ERA s124 |
| Number of Pages | 21 |
| PDF File Link: | 2013_NZERA_Christchurch_171.pdf [pdf 249 KB] |