| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 16 |
| Hearing date | 14 Oct 2014 |
| Determination date | 17 February 2014 |
| Member | J Crichton |
| Representation | G Pollak ; R Rendle |
| Location | Auckland |
| Parties | Williams v GEA Nu-Con Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Applicant’s former employer bought by competitor – Reduction in positions from five to three – Applicant elected to have process completed before going on scheduled leave – Applicant unprepared and did not interview or advocate case well – Whether applicant entitled to detailed financial information – Whether applicant marked down for failure to provide written statement – Whether obligation to redeploy applicant |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Short time period for restructuring process due to applicant’s request matter be dealt with before applicant went on scheduled leave. No evidence speed of process caused unfairness to applicant. No information held back by respondent during consultation process. Interview questions provided to applicant in advance and fair and reasonable employer could have determined which employees best fit for new organisation appropriate criteria. Fair and reasonable employer could have used assessment criteria in question and could have concluded applicant fitted into new organisation less well than three other employees. No employees asked for written submission by respondent but respondent considered other employees chose to be more effective in self-marketing. Respondent entitled to determine applicant’s position one to be disestablished. Restructure genuine business decision made as consequence of amalgamation of formerly competing businesses. No ulterior motive for applicant’s dismissal. No obligation for respondent to redeploy applicant to different legal entity within group of companies. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Employment Relations Amendment Act 2010 s15;ERA;ERA s103A |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466;Bourne v Real Journeys Ltd [2011] ERNZ 375;G N Hale & Sons Ltd v Wellington etc Caretakers etc IUOW (1990) ERNZ Sel Cas 843 ; [1991] 1 NZLR 151;Hardikar v Klein Ltd [2013] NZERA Auckland 272;Moore v Carter Holt Harvey Ltd [2013] NZERA Auckland 133;Williams v Gea Nu Con Ltd [2013] NZERA Auckland 522 |
| Number of Pages | 15 |
| PDF File Link: | 2014_NZERA_Auckland_16.pdf [pdf 197 KB] |