| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 425 |
| Hearing date | 16 Sep 2014 |
| Determination date | 15 October 2014 |
| Member | E Robinson |
| Representation | G Pollak ; P Swarbrick |
| Location | Auckland |
| Parties | Lowe v Ahi Roofing Ltd t/a Fletcher Building Roofing Tile Group |
| Summary | BREACH OF CONTRACT – Applicant sought damages for respondent’s breach of employment agreement (EA) – Applicant’s new role with respondent disestablished before starting – Position in project no longer going ahead - Whether applicant resigned from respondent to take new role or transferred within company – Whether respondent breached redundancy clause - Which terms of employment applied –UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably dismissed by respondent –Whether applicant should have been given alternative employment – Project administrator |
| Abstract | AUTHORITY FOUND –BREACH OF CONTRACT: Applicant resigned from original position with respondent to move to new role within company. Terms of applicant’s old EA did not apply due to resignation. Applicant had not signed new EA but terms of new EA applied. Respondent complied with redundancy clause in new EA. Applicant not entitled to be paid for remainder of fixed term EA. No breach of contract.UNJUSTIFIED DISMISSAL: Disestablishment of applicant’s position genuine. Respondent consulted with applicant. Applicant allowed to comment. Respondent acted in good faith to find applicant other employment within company, although unsuccessful. No disparate treatment. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Breach of Contract |
| Statutes | ERA s4;ERA s4(1A)(c);ERA s4(1A)(c)(i);ERA s4(1A)(c)(ii);ERA s103A(2 |
| Cases Cited | Stiffe v Wilson & Horton EmpC AC 94/100, 5 December 2000 |
| Number of Pages | 26 |
| PDF File Link: | 2014_NZERA_Auckland_425.pdf [pdf 6.5 MB] |