| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 5/03 |
| Hearing date | 25 Nov 2002 - 26 Nov 2002 (2 days) |
| Determination date | 27 January 2003 |
| Member | P Cheyne |
| Representation | L Highfield ; D Mackinnon |
| Location | Christchurch |
| Parties | Blance & Ors v DB Breweries Ltd |
| Other Parties | Daglish, Dey, Hayden, Low, Marsh, Rodden |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy selection process - No breach of good faith - Opportunity to be interviewed in accordance with agreed process - Declined to respond to questions - No breach of obligation to provide information - No unjustified dismissal - UNJUSTIFIED DISADVANTAGE - Breach of promise of preference for casual work - No conditions attached to promise - Promise was condition of employment that survived termination - Disadvantaged by unjustifiable action - Brewery worker |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Reimbursement of lost wages (Quantum to be determined by parties) ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Cases Cited | Carter Holt Harvey Limited v National Distribution Union Incorporated [2002] 1 ERNZ 239;Coutts Cars Ltd v Baguley [2001] ERNZ 660;NZ Building Trades Union v Hawkes Bay Area Health Board [1992] 2 ERNZ 897;Wellington Area Health Board v Wellington Hotel etc IUOW [1992] 2 ERNZ 466 ; [1992] 3 NZLR 658 |
| Number of Pages | 5 |
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