| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 423 |
| Hearing date | 24 Sep 2014 |
| Determination date | 14 October 2014 |
| Member | A Fitzgibbon |
| Representation | R Alchin ; P Cornege |
| Location | Hamilton |
| Parties | Pickering v Sound Enterprises Ltd t/a Scott Technical Instruments |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Whether mixed or ulterior motives – Whether applicant pushed to increase hours of work – Heated discussion – Sales manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent raised issue of applicant’s hours in context of looking at ways to reduce respondent’s costs further. Financial information supplied to applicant straight forward and applicant could have asked questions if wished to do so. Respondent’s business had serious financial problem. Respondent entitled to consider applicant’s role could not be sustained on economic grounds. Applicant’s performance not at issue. No mixed or ulterior motives in making applicant’s position redundant. Number of meetings held with staff where respondent’s financial circumstances discussed. Restructuring proposal set out savings required to be achieved and proposed ways savings to be made. Fact financial information withheld on commercial grounds but subsequently disclosed to Authority did not render process flawed. Appropriate for applicant to be required to view financial information at respondent’s premises. Applicant provided with access to information and provided with opportunity to consider information and comment. Respondent stopped process to allow applicant to provide feedback. Respondent followed fair process. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s4;ERA s4(1A)(c);ERA s4(1A)(c)(i);ERA s4(1A)(c)(ii);ERA s103A |
| Cases Cited | Brake v Grace Team Accounting Ltd [2013] ERNZ 170;G N Hale & Sons Ltd v Wellington etc Caretakers etc IUOW (1990) ERNZ Sel Cas 843 ; [1991] 1 NZLR 151;Jinkinson v Oceana Gold (NZ) Ltd (2011) 9 NZELC 93,655;Rittson-Thomas, (T/A Totara Hills Farm) v Davidson [2013] ERNZ 55;Simpsons Farms Ltd v Aberhart [2006] ERNZ 825 |
| Number of Pages | 15 |
| PDF File Link: | 2014_NZERA_Auckland_423.pdf [pdf 3.8 MB] |