| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 172 |
| Hearing date | 3 Sep 2014 |
| Determination date | 04 November 2014 |
| Member | C Hickey |
| Representation | J Goldstein ; A Riches |
| Parties | May v Geotech Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Whether applicant resigned after being told of redundancy – General manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant dismissed at management meeting and did not resign subsequently. Genuine financial reasons for redundancies at respondent. Projects applicant involved in legitimate areas for respondent to decide no longer needed manager at applicant’s level based in applicant’s region. Respondent did not propose to undertake fair consultation process. Applicant may have known respondent in difficulty but not told in clearest terms that own position at risk and given opportunity to offer alternatives to save position. Possibility of applicant being employed in two other available roles not explored by respondent. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. Leave reserved for applicant to return to Authority if parties unable to agree quantum. $7,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($7,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A)(c);ERA s103A;ERA s124;ERA s128(2);ERA s128(3);ERA s174 |
| Cases Cited | G N Hale & Sons Ltd v Wellington etc Caretakers etc IUOW (1990) ERNZ Sel Cas 843 ; [1991] 1 NZLR 151;New Zealand Fasteners Stainless Ltd v Thwaites [2000] 1 ERNZ 739 ; [2000] 2 NZLR 565;Rittson-Thomas, (T/A Totara Hills Farm) v Davidson [2013] ERNZ 55 |
| Number of Pages | 15 |
| PDF File Link: | 2014_NZERA_Christchurch_172.pdf [pdf 271 KB] |