| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 229 |
| Hearing date | 9 May 2014 |
| Determination date | 11 June 2014 |
| Member | E Robinson |
| Representation | C Murray ; K O'Connell |
| Location | Auckland |
| Parties | Maulvurfs v Turnico Engineering Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Change in respondent's customer base reduced requirement for applicant's skills - Applicant claimed selected for redundancy due to raising health and safety concerns - Level of fumes and gases at work site below Worksafe NZ's workplace exposure standards - Part of respondent's business closed and limited work for applicant - Applicant's co worker offered alternative work but not applicant - Whether applicant misled into believing employment secure - Fitter and turner |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Genuine redundancy. Applicant advised of business plan including proposal to close part of business. Employees invited to provide feedback and respondent considered suggestions. Respondent took applicant's health and safety concerns seriously and responded positively and cooperatively. raising concerns not reason for redundancy. redundancy due to applicant's position no longer being required. Co-worker offered alternative work due to longer service. Last on first off acceptable selection criteria. Clear from correspondence part of business to close. Applicant not misled. Dismissal justified. |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A)(c);ERA 103A |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Auckland_229.pdf [pdf 204 KB] |