| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 116 |
| Hearing date | 16 Jul 2013 |
| Determination date | 26 September 2013 |
| Member | P R Stapp |
| Representation | N Bridgeman (in person) ; J D Turner |
| Location | New Plymouth |
| Parties | Bridgeman v Programmed Maintenance Services (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably dismissed by respondent – Respondent did not conduct performance review for applicant - No work no pay provision in employment agreement - Following falling off of work respondent used matrix to score employees for redundancy selection - Applicant claimed manager did not have sufficient knowledge of applicant to make meaningful evaluation - Painter |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent did not adequately consult regarding process or plan timetable for restructuring. Respondent did not adequately deal with applicant’s complaint regarding manager engaged in evaluation. Respondent gave applicant no notice of existence of scoring matrix prior to meeting. Discussion on alternatives to reducing positions held but no agreement reached. Respondent’s reduction in numbers due to unavailability of work and performance of affected employees rather than full costs analysis to make savings as number of positions affected to be made redundant not explained. Applicant dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. $5,000 compensation appropriate. |
| Result | Application granted ; Compensation for humiliation etc ($5,000) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s103A;ERA s103A(2);ERA s103A(3)(a);Holidays Act 2003 |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466;Gilbert v Transfield Services (New Zealand) Ltd (2013) 10 NZELC 79,023;GN Hale & Sons Ltd v Wellington Caretakers IUOW (1990) ERNZ Sel Cas 843; [1991] 1 NZLR 151;Rittson-Thomas (t/as Totara Hills Farms) v Davidson (2013) 10 NZELR 391;Tan v Morningstar Institute of Education t/a Morningstar Preschool [2013] NZEmpC 82 |
| Number of Pages | 16 |
| PDF File Link: | 2013_NZERA_Wellington_116.pdf [pdf 267 KB] |