| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 7 |
| Hearing date | 3 Dec 2013 |
| Determination date | 22 January 2014 |
| Member | M Ryan |
| Representation | S Govender ; G Taylor |
| Location | Napier |
| Parties | Hodgson v Downey's City Butchery Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Respondent requested applicant work different hours and on weekends to deal with busy periods - Applicant opposed change to hours and dismissed - Respondent made offer of 'personal grievance money' - Butcher |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent's offer of 'personal grievance money' not concession dismissal unjustified. Respondent entitled to conclude additional staffing needed on certain days and decision made for sound commercial reasons. Brief discussion between parties about applicant's skills being required on proposed days. Discussion restricted to whether applicant would accept change in working hours. Consultation process inadequate. Dismissal unjustified. REMEDIES: No contributory conduct. $3,000 compensation appropriate. |
| Result | Application granted; Compensation for humiliation etc ($3,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c) - ERA s103A - ERA s124 |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Rittson-Thomas t/a Totara Hills Farm v Davidson [2013] NZEmpC 39;Simpsons Farms Ltd v Aberhart [2006] ERNZ 825 |
| Number of Pages | 14 |
| PDF File Link: | 2014_NZERA_Wellington_7.pdf [pdf 318 KB] |