| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 167 |
| Hearing date | 26 Feb 2014 |
| Determination date | 02 May 2014 |
| Member | K J Anderson |
| Representation | W Reid ; P Kotze |
| Location | Tauranga |
| Parties | Knapp v Locktite Aluminium Specialties Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by the respondent - Respondent faced financial difficulty and sought to reduce hours of staff - Applicant refused reduction and asked for redundancy - Applicant reconsidered position and told respondent minimum of 25 hours required - Respondent provided variation offering minimum of 25 hours - Applicant declined and asked for redundancy again - Whether applicant dismissed |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent did not have to dismiss applicant as employment agreement allowed reduction in hours. Respondent could have refrained from making applicant redundant and continued to offer work at reduced hours. Applicant dismissed by respondent. Dismissal unjustified. REMEDIES: Respondent acted in good faith and in accordance with applicants undertaking to work 25 hours. Applicant resiled from undertaking and failed to act in good faith. Applicant effectively estopped from asserting respondent acted unjustifiably. 100 per cent contributory conduct. |
| Result | Application granted; Contributory conduct (100%); Costs to lie where they fall |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1)(b);ERA s124;ERA s128 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Auckland_167.pdf [pdf 165 KB] |