| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 184 |
| Hearing date | 14 Apr 2014 |
| Determination date | 13 May 2014 |
| Member | J Crichton |
| Representation | H White ; P Bates |
| Location | Auckland |
| Parties | Lee v System Controls Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably disadvantaged by respondent linking provision of written reference to agreement applicant would not pursue legal proceedings against respondent - Applicant claimed unjustifiably dismissed by respondent - Secret recording of conversation between parties - Projects manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Respondent in serious commercial difficulty. Redundancy genuine. Consultation general rather than specific and applicant not told position in jeopardy or given opportunity to suggest alternatives. Appropriate to classify applicant's personal grievance as unjustified disadvantage given redundancy genuine. Applicant unjustifiably disadvantaged by respondent's failure to consult with applicant adequately about disestablishment of position. Respondent attempted to link provision of good written reference for applicant with commitment from applicant not to take legal proceedings to challenge dismissal. Grossly improper to pressurise employee not to bring proceedings in exchange for provision of written reference. Any disadvantage fleeting as applicant provided with written reference without agreeing not to take legal proceedings. Applicant not unjustifiably disadvantaged by respondent attempting to link provision of written reference to agreement applicant would not pursue legal proceedings against respondent. REMEDIES: No contributory conduct. $5,000 compensation appropriate. |
| Result | Application partially granted (unjustified disadvantage)(unjustified dismissal) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Auckland_184.pdf [pdf 172 KB] |