| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 2/03 |
| Hearing date | 31 Oct 2002 |
| Determination date | 07 January 2003 |
| Member | P R Stapp |
| Representation | R Buchanan ; M Buisson, D France |
| Location | Wellington |
| Parties | Forsyth & Ors v Jungle Drum Message Systems Ltd |
| Other Parties | Frost, Gardenier, Kemp |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Whether first and second applicants' redundancies genuine and fair - Constructive dismissal - Whether third and fourth applicants entitled to resign because position significantly altered - Employment agreements contained clause entitling applicants to compensation if 3 or more employees made redundant - Proposal to relocate staff to Auckland or make redundant - Third applicant made decision for other staff members - Refused relocation - Actions circumvented consultation process - Respondent chose to make first and second applicants redundant - Entitled to alter redundancy proposal from all 4 applicants to 2 - Third and fourth applicants not redundant - Positions did not change - No constructive dismissal - Redundancy of first and second respondent lacked consultation - Dismissals procedurally unfair |
| Result | Application granted ; Compensation for humiliation etc ($8,000)(PG) ; ($8,000)(BF) ; Costs reserved |
| Number of Pages | 14 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |