| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 6 |
| Hearing date | 28 Oct 2014 |
| Determination date | 08 January 2015 |
| Member | V Campbell |
| Representation | F Wood ; M Donovan |
| Location | Rotorua |
| Parties | Elers v Bartercard New Zealand LP |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Senior trade broker |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Supervisory functions not significant part of applicant's role. Information provided to Authority not provided to applicant during restructuring process despite applicant's requests. Respondent unable to establish redundancy of applicant's position based on genuine commercial reasons. Impossible for applicant to provide meaningful feedback or offer alternative proposals in absence of information supporting restructure. Timeframe for applicant to consider redeployment to different city extremely short. Respondent's failure to consult with all employees affected by restructure proposal meant respondent did not consider all alternatives to making applicant's position redundant. Process rushed and unfair. Dismissal unjustified. REMEDIES: No contributory conduct. Reinstatement not practicable or reasonable. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. Bonus payments applicant would have received payable. Leave reserved for parties to seek direction from Authority if unable to quantify amount. $10,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(4)(d);ERA s4(4)(e);ERA s103A;ERA s125;ERA s174 |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466;Baguley v Coutts Cars Ltd [2000] 2 ERNZ 409;Brake v Grace Team Accounting Ltd [2013] ERNZ 170;Coutts Cars Ltd v Baguley [2001] ERNZ 660 ; [2002] 2 NZLR 533;Grace Team Accounting Ltd v Brake [2014] NZCA 541;Grace Team Accounting Ltd v Brake [2014] NZCA 541;Lewis v Howick College Board of Trustees (2010) 7 NZELR 539 |
| Number of Pages | 13 |
| PDF File Link: | 2015_NZERA_Auckland_6.pdf [pdf 416 KB] |