| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 225 |
| Hearing date | 18 Nov 2013 |
| Determination date | 01 November 2013 |
| Member | M B Loftus |
| Representation | R Phillips ; S Langton |
| Location | Nelson |
| Parties | Phillips v Jasons Travel Media Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Applicant worked from home – Respondent sought to cut costs – Respondent considered relocating applicant’s role to different city – Applicant unwilling to relocate – Whether decision made to relocate role – Applicant attended meeting to discuss change – Respondent sought to pause meeting – Respondent requested applicant put views in writing – Whether respondent gave notice applicant’s employment terminated – Applicant wrote letter to respondent accepting termination – Whether sham redundancy – Sales representative |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent indicated redundancy distinct possibility. Applicant given further opportunity to convince respondent proposal misguided. Strong indications applicant could justify decision to relocate role. Applicant decided to depart. No dismissal. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Finau v Carter Holt Building Supplies [1993] 2 ERNZ 971 |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Christchurch_225.pdf [pdf 174 KB] |