| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 33 |
| Hearing date | 30 Jan 2015 |
| Determination date | 04 February 2015 |
| Member | TG Tetitaha |
| Representation | D J Crisafulli (in person) ; R Narayan |
| Location | Whangarei |
| Parties | Crisafulli v Pristine Air Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Direct marketer |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Authority ordered non-publication of respondent's profit and loss statement and accounts. Respondent in financial strife. Fact remaining staff member left of own accord when redundancy process halted did not make reasons for applicant's redundancy not genuine at time of dismissal. Respondent had genuine reasons for redundancy of applicant's position. Possibility of redundancy raised with applicant. Applicant offered alternative employment. Applicant should have been aware of respondent's financial circumstances. Applicant not bullied by respondent reinforcing performance requirements. Respondent not dishonest and did not make statement binding respondent to keep applicant employed. Process not perfect but fair and reasonable given respondent's size, resources and financial position. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA Second Schedule cl10 |
| Cases Cited | Aoraki Corp Ltd v McGavin [1998] 3 NZLR 276 (CA);Atwill v Tanners Timberworld Ltd [1994] 1 ERNZ 321 (EmpC);Corbett v National Mutual Finance Ltd (1992) 5 PRNZ 386 (CA);G N Hale & Son Ltd v Wellington, etc, Caretakers, etc, IUW [1991] 1 NZLR 151 (CA);Griffith v Sunbeam Corp Ltd EmpC Wellington WC13/06, 28 July 2006;Kelly v Accident Rehabilitation and Compensation Insurance Corp EmpC Wellington WC13/99, 24 March 1999;New Zealand Merchant Service Guild IUOW Inc v New Zealand Rail Ltd [1991] 2 ERNZ 587 (LC);Rittson-Thomas, (T/A Totara Hills Farm) v Davidson [2013] NZEmpC 39, [2013] ERNZ 55;RNZAF Museum Trust Board v Hunter EmpC Wellington WC11/00, 1 March 2000;Taiapa v Te Runanga O Turanganui A Kiwa trading as Turanga Ararau Private Training Establishment [2012] NZERA Auckland 252 |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Auckland_33.pdf [pdf 229 KB] |