| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 576 |
| Hearing date | 22 Aug 2013 |
| Determination date | 17 December 2013 |
| Member | K J Anderson |
| Representation | S Austin ; S Schofield |
| Location | Gisborne |
| Parties | Schultz v M.R, R.P and E.F Vigis t/a Express Supplies |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Change in accounting software used – Whether applicant able to be trained to fill new position – Whether skill sets required for new position fundamentally and substantially different from skill sets possessed by applicant – Whether respondent orchestrated applicant’s redundancy and discriminated against applicant on basis of age – Store manager / invoice manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Loss of applicant’s position direct and probably inevitable outcome of introduction of new accounting software. Respondent entitled to conclude not practicable to retrain applicant for new position. No evidence to support proposition applicant discriminated against on basis of age or that work reallocated to others. Respondent acted in good faith towards applicant. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(2);ERA s122 |
| Cases Cited | Brake v Grace Team Accounting Ltd (2013) 10 NZELC 79-026;G N Hale & Sons Ltd v Wellington etc Caretakers etc IUOW (1990) ERNZ Sel Cas 843 ; [1991] 1 NZLR 151;Rittson-Thomas (t/as Totara Hills Farm) v Davidson (2013) 10 NZELR 391 |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Auckland_576.pdf [pdf 176 KB] |