| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 59/01 |
| Determination date | 28 May 2001 |
| Member | WRC Gardiner |
| Representation | A Henrda ; JP Corbett |
| Location | Auckland |
| Parties | Ashworth v Tokoroa Club Inc |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant's position and another identical position restructured into one new position - Dismissed and given option to apply along with outside applicants for new position - No prior warning or consultation - Unsuccessfully applied for new position - Given payment in lieu of notice - Redundancy provision in contract did not allow notice to be substituted with a payment in lieu - Respondent did not act in bad faith nor did it act in good faith - Dismissal procedurally unfair - No difference between job descriptions of new position and old positions - In reality one of the old positions became redundant - Erroneous to view situation as a restructuring and to advertise a new" position - Applicant's dismissal should have been considered using selection for redundancy criteria - Dismissal substantively unjustified - Reinstatement not impracticable despite staff surpluses - Remedy for reimbursement reduced for mitigation - Bar manager" |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages ($3,895.65) ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Statutes | ERA s4;ERA s125;ERA s126 |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Atwill v Tanners Timber World Ltd [1994] 1 ERNZ 321;Baguley v Coutts Cars Ltd [2000] 2 ERNZ 409;Carter Holt Harvey Ltd v Wallis [1998] 3 ERNZ 984;Commerer v Red Eagle Corporation Ltd unreported, Goddard CJ, 27 June 2000, WC 29A/00;Northern Clerical Union v Beachlands Engineering Ltd [1991] 3 ERNZ 1023;NZ Public Service Association Inc v Land Corporation Ltd [1991] 1 ERNZ 747;Wilkinson v Wairarapa Crown Health Enterprise Ltd [1999] 2 ERNZ 133 |
| Number of Pages | 15 |
| PDF File Link: | aa 59_01.pdf [pdf 61 KB] |