| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 108 |
| Hearing date | 22 Apr 2015 - 8 May 2015 (2 days) |
| Determination date | 03 August 2015 |
| Member | H Doyle |
| Representation | T Twomey ; R Gibson |
| Location | Christchurch |
| Parties | Gibbs v The Vice-Chancellor of Lincoln University |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – University lecturer |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Applicant unable to comment properly on redundancy proposal as respondent failed to explain why applicant included in selection pool compared to others. Respondent failed to take into account relevant information, such as extra hours taught by applicant and applicant’s ability to teach other subjects. Respondent used fair and reasonable selection criteria. Respondent excluded other employee from selection panel but did not disadvantage applicant by doing so as other members had all relevant information employee could have provided. Respondent breached good faith by not telling applicant of decision to exclude and allowing opportunity to comment. Respondent’s selection process did not result in even handed scoring on objectively fair basis. Respondent did not fairly score applicant in selection process. Redundancy not genuine. Dismissal unjustified. REMEDIES: No contributory conduct. Reinstatement practicable and reasonable. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $10,000 compensation appropriate. |
| Result | Application granted ; Orders made ; Reinstatement ; 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(1A)(c);ERA s103A;ERA s124;ERA s125(2) |
| Cases Cited | Angus v Ports of Auckland Ltd [2011] NZEmpC 160, [2011] ERNZ 466;Bourne v Real Journeys Ltd [2011] NZEmpC 120, [2011] ERNZ 375;Elers v Bartercard New Zealand LP [2015] NZERA Auckland 6;Grace Team Accounting v Brake [2014] NZCA 541, [2015] 2 NZLR 494;Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 225 (EmpC);Vice-Chancellor of Massey University v Wrigley [2011] NZEmpC 37, [2011] ERNZ 138 |
| Number of Pages | 24 |
| PDF File Link: | 2015_NZERA_Christchurch_108.pdf [pdf 337 KB] |